Delhi High Court Voices Unease Over Possible Closure Of Gargi College Harassment Case; Commissioner And VC Directed To Enhance Safety
The Delhi High Court expressed concern regarding the potential closure of a case involving alleged sexual harassment of female students during a cultural festival at Gargi College, an all-woman institution affiliated with Delhi University. The Court's unease stems from the fact that the police have submitted an "untraced report" to a trial court in connection with the incident that occurred in February 2020.
The Division Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula directed the Commissioner of Police and Vice-Chancellor of Delhi University to enhance police visibility and surveillance during college events.
A Public Interest Litigation (PIL) regarding an incident at Gargi College, New Delhi, where an unauthorized group allegedly engaged in unwarranted behavior, including sexual harassment of female students during a festival was filed. The petitioner sought remedies including a CBI investigation, arrests of accused individuals, and prosecution under relevant IPC sections.
An FIR was registered under IPC Sections 452/354/509/34. The investigation took place, and CCTV footage did not show harassment instances. Witnesses couldn't positively identify the perpetrators.
Advocate Rajesh Kumar appeared for the Respondents.
The lack of definitive evidence under Section 164 was noted by the Court, and witness hesitation to come forward was highlighted.
“The law enforcement agencies must instill confidence in them and assist them to come forward to make the necessary disclosures. The Witness Protection Scheme, 2018, 1 ought to be leveraged to fortify the investigation and safeguard witnesses.”
The Court noted apprehensions and releases of certain individuals, suggesting the need for a thorough investigation. It stressed using available evidence, like CCTV footage, to identify potential leads. The Court also mentioned media reports of detained individuals and urged comprehensive follow-up.
“To ensure the prevention of any future recurrence of such incidents, a two-pronged approach is required. First, the Commissioner of Police, in conjunction with the Vice-Chancellor of Delhi University, is directed to bolster police visibility and surveillance during college events. Secondly, both the college and Delhi University administrations must work in concert with the police to establish protective protocols, ensuring students' safety.”
Regarding the criminal investigation, the Court refrained from further monitoring due to the ongoing case before the Metropolitan Magistrate. The magistrate was to proceed as per the law.
The petition was disposed of with the above directions.
Cause Title: Manohar Lal Sharma v. Central Bureau of Investigation (CBI) & Ors.
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