New Delhi: A Delhi court on Thursday directed the city police to give seven working days’ prior notice to Congress MP and dismissed Jawaharlal Nehru University (JNU) professor Angomcha Bimol Akoijam before taking any coercive action against him in a sexual harassment case.
Disposing of Akoijam’s anticipatory bail plea, Special Judge Dig Vinay Singh said the notice would be mandatory if the dismissed professor needs to be arrested.
In its order, the court said, “The crux of the matter is that against the applicant (Akoijam) there are allegations of sexual harassment and inappropriate professional conduct.”
The court noted that Delhi Police had submitted that it was not currently contemplating Akoijam’s arrest, given the nature of the allegations and the stage of the investigation. However, if any material change during the probe necessitated his arrest, the investigating agency would serve a seven-day written notice on him.
It said the offenses invoked in the case carried a maximum punishment of three years’ imprisonment.
“Some of the offenses are non-bailable, and during the hearing, it is stated by the investigating officer (IO) that by now no victim could be examined since the particulars of the victims have not yet been supplied by the JNU authorities and the investigating agency is in the process of obtaining the same,” the court said.
It also noted that Akoijam had clean antecedents and had joined the investigation immediately after being summoned by the city police.
“In this view of the matter, it is ordered that the present application stands disposed of with a direction to the investigating agency not to resort to any coercive process against the applicant in the present FIR without giving him a written notice as suggested by the investigating agency itself,” the court said.
It clarified that if the police contemplated his arrest or custodial interrogation, a clear seven-working-day notice must be served on Akoijam “physically and not through electronic modes, so that the applicant can resort to his legal remedies by approaching the court of law”.
The court directed Akoijam to provide the names of at least two people from his family, residence or office on whom the physical notice could be served if he was not available in Delhi.
“This order is subject to the condition that the applicant shall continue to join the investigation as and when called by the IO.
“In case the physical presence of the applicant is desired by the IO during investigation, the IO would keep in mind that sufficient time is granted to the applicant to make sufficient arrangements for his travel as he is stated to be ordinarily residing in Manipur,” the court said.
It added that if Akoijam failed to cooperate with the investigation, the investigating officer would be at liberty to approach the court for necessary directions.
Earlier, on Tuesday, the court had sought a reply from Delhi Police on the anticipatory bail plea.
The court noted that “16 victims, including males and females, preferred a joint complaint before the university authorities alleging sexual harassment” on May 18 this year, following which an internal committee was constituted to look into the matter in terms of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013.”
It noted that out of 16 victims, 15 victims appeared before the five-member committee and presented their version.
“Certain independent witnesses and defense witnesses were also examined by the internal committee. The internal committee then gave its finding holding that the allegations against the applicant were established, and based on the said recommendation of the internal committee, recommending a major penalty against the applicant, the applicant was dismissed or terminated,” the court noted.
Akoijam, however, has termed his dismissal a “witch hunt” and questioned the due process followed by the university.
On October 12, Delhi Police registered an FIR against the Inner Manipur Congress MP, days after he was dismissed from service.
The complainants alleged that Akoijam invited students to his campus residence under the pretext of meetings or gatherings and attempted to sexually harass them.
Some students have also alleged that he made obscene and inappropriate remarks during classes.
An FIR has been lodged in this connection at the Vasant Kunj North police station based on a complaint and documents submitted by the JNU’s Chief Security Officer (CSO).
“The allegations against Professor Angomcha Bimol Akoijam, Center for Studies of Social Systems, School of Social Sciences, JNU, have been examined by the Internal Committee, and after assessment of witnesses, defense witnesses, and other material came on record,” the FIR states.
On November 2, the Delhi High Court stayed the JNU administration’s decision to terminate the services of professor Akoijam, issuing notice to the university on the Congress MP’s petition challenging the dismissal order. This case has been listed for hearing in January.