On Friday, the Supreme Court awarded anticipatory bail to the Indian Youth Congress president, BV Srinivas, concerning an alleged harassment case.
A bench comprised of Justices BR Gavai, Aravind Kumar, and PK Mishra solidified its May 17 decision, highlighting Srinivas’s cooperation with the investigation.
Earlier, on May 17, the apex court had provisionally protected Srinivas from arrest in the case. The counsel from Assam resisted the bail’s approval. Nevertheless, the bench remarked, “Given the petitioner’s cooperation in the investigation, we are inclined to allow the application. The May 17 order is made absolute.” The Gauhati High Court had previously denied Srinivas’s anticipatory bail request. This decision followed a complaint from the ousted chief of Assam Youth Congress, who accused Srinivas of inflicting mental distress.
The Supreme Court, on May 17, summoned the Assam government to address the petition by July 10. Delving into the complainant’s statement recorded under section 164 of the Code of Criminal Procedure, 1973, the bench opted to withhold commentary, lest it impacts the trial’s rights. However, considering the two-month delay in filing the FIR, the court deemed Srinivas deserving of interim protection. If arrested concerning this case, the court directed that Srinivas be granted anticipatory bail upon submitting a solvent surety of Rs 50,000, with one or more sureties of an equivalent amount. The court also mandated his cooperation in the National Commission for Women’s investigation.
The high court had found the case unfit for pre-arrest bail privilege and dismissed it. Srinivas’s counsel argued that most charges against him, except those under Section 354 of the IPC (related to assaulting or using criminal force on a woman intending to outrage her modesty), are bailable. Furthermore, the alleged offence took place in Raipur, Chhattisgarh, outside the Dispur police station’s jurisdiction. After deliberating both arguments, the high court noted the 35-year-old victim’s testimony seemed voluntary and uninfluenced.
On April 26, Srinivas petitioned the high court to quash the FIR, which accused him of mental and physical harassment. The complainant alleged that Srinivas had consistently harassed her over six months with derogatory comments and threats. She also claimed physical mistreatment during a recent party session in Raipur and that he threatened to sabotage her political career if she reported him. Her allegations were made public in tweets on April 18. On April 23, a 5-member Guwahati police team visited Bengaluru, leaving a notice at Srinivas’s home, summoning him to the Dispur Police station by May 2.
Subsequently, the Congress issued a show-cause notice to the complainant, eventually expelling her from the party for six years due to anti-party activities. In return, Srinivas dispatched a legal notice to the woman, seeking an apology or facing legal actions.