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File FIR against IAS officer for harassing junior officer: Assam court to police
The court directed the officer-in-charge of the Nalbari police station to register a case (against IAS officer Deka), conduct investigation and submit final report “expeditiously”
A court in Assam’s Nalbari district has directed police to file a first information report (FIR) against an Indian Administrative Service (IAS) officer, who is also the deputy commissioner of the district, for alleged harassment of a junior officer.
Additional chief judicial magistrate P Goswami stated that the police have failed in its duty to address the complaint of the Arpana Sarmah, a circle officer, who accused Nalbari DC Varnali Deka of “mental harassment, public humiliation and threats” while performing election duty during the Lok Sabha polls in May this year.
“I am of the considered opinion that the police have failed in their duty cast upon them by law. An FIR needs to be filed for the allegations filed by the complainant and proper investigation of this case needs to be carried out as per law,” Goswami stated in her order issued on Monday.
The court directed the officer-in-charge of the Nalbari police station to register a case (against IAS officer Deka), conduct investigation and submit final report “expeditiously”.
In her complaint, Sarmah had alleged that while she was performing election duties on May 7 at the Government Gurdon Higher Secondary School in Nalbari, Deka “continuously harassed her with and maligned her publicly with slang words in front of polling personnel”.
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Following the alleged intimidation and harassment, Sarmah left the EVM receipt premise at the school at 1:50am on May 8 “for sake of safety of her life” and went to the Nalbari police station and lodged an FIR against Deka.
But the officer in-charge of Nalbari police station didn’t register the FIR.
Following this, Sarmah raised the issue with the Nalbari police superintendent, the police DGP and filed a writ petition in Gauhati high court seeking action against Deka.
In its order dated September 13, the Gauhati HC directed Sarmah to approach the jurisdictional magistrate for redressal of her grievance. The complaint was filed at the additional CJM court in Nalbari after this.
Additional CJM in her order noted that though Sarmah had lodged the FIR against Deka the same day, the police didn’t register it “even after expiry of 5 months” and “not completed preliminary inquiry”.
“There are some serious allegations against the accused person (Deka) which are of cozginable nature... police are duty bound to register the FIR and conduct investigation... the delay is totally unwarranted against the set principle of law,” Goswami stated in her order.
A comment from Deka is awaited and the copy will be updated whenever it is received.
