Youth Congress President BV Srinivas Gets Relief From Supreme Court In Case For Allegedly Outraging Modesty Of A Former Party Worker

The Supreme Court, today, made its order granting ad-interim protection absolute and allowed the anticipatory bail application of Indian Youth Congress President B V Srinivas, in a case filed against him by an expelled woman party leader from Assam accusing him of outraging her modesty and causing her mental agony.

The Bench of Justice B.R. Gavai, Justice Aravind Kumar and Justice Prashant Kumar Mishra ordered, "We have an application for a grant of anticipatory bail. By an order dated 17th May 2023, we had granted ad-interim protection in favour of the Petitioner. Naveen Kohli, Senior Additional Advocate General for the State of Assam vehemently opposes the application. However, taking into consideration that Petitioner has cooperated in the investigation, we are inclined to allow the application. The order dated 17th May 2023 is made absolute."

At the outset, the Bench was informed by AAG Kolhi that the Srivias was cooperating in the investigation. "He is cooperating... so whatever lordships decide", submitted the AAG.

Srinivas had approached the Apex Court challenging the Gauhati High Court decision rejecting the anticipatory bail plea of Srinivas in a case lodged by the expelled chief of Assam Youth Congress, accusing him of outraging her modesty. 

The Court had while granting the ad-interim protection noted that in the tweets as well as the interviews which the complainant has given to the various media agencies up to April 18, 2023, there is not even a whisper about the allegation which would attract the provisions of Section 354 of the Indian Penal Code, 1860 (“IPC” for short). The Court had also observed that it was only in the FIR which was lodged on April 19, 2023, that the allegation with regard to Section 354 of the IPC surfaced for the first time.

Section 354 relates to assault or use of criminal force on a woman with the intention of outraging her modesty.

Accordingly, the Court had earlier ordered, "Prima facie, taking into consideration the delay of almost two months in lodging the FIR, in our view, the petitioner is entitled to the interim protection."

Srinivas, in his petition filed in the High Court on April 26, had contended that the FIR filed by Dutta alleging 'mental harassment and physical manhandling' be quashed immediately.

The complainant in her complaint at Dispur police station, alleged that Srinivas had persistently harassed and tortured her for the last six months by making sexist comments, using slang words and also threatening her of dire consequences if she kept complaining against him to senior party office bearers.

She had also claimed Srinivas had heckled her, held her arm, pushed and pulled her and used slang words during the party's recent plenary session in Raipur. He had also threatened to ruin her career in the party if she complained against him. Dutta had made the allegations against the IYC president in a series of tweets on April 18.

A five-member Guwahati police team went to Bengaluru on April 23 and pasted a notice at Srinivas' residence directing him to appear at Dispur Police station by May 2. The Congress issued show cause notice to the complainant and later expelled her from the primary membership of the party for six years for anti-party activities.

Srinivas had also served a legal notice to Dutta demanding an apology, failing which he threatened to initiate legal proceedings.

Cause Title: B.V. Srinivas Vs. The State Of Assam [Diary No.- 19452 - 2023]