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Synopsis

The Delhi High Court has voiced its “unease” over the impending closure of a case of of alleged sexual harassment of girl students during a cultural festival at the all-women Gargi College of Delhi University in February 2020 in which the police have filed an ‘untraced report’ before a trial court.

A division bench of CJ Satish Chandra Sharma and Justice Sanjeev Narula said, “This Court voices its unease regarding the impending closure of a grievous incident without holding any individual accountable. While some testimonies have been collected, the lack of definitive evidence under Section 164 of CrPC poses challenges”.

The court was dealing with a PIL pertaining to a deeply distressing incident that transpired at Gargi College, Siri Fort Road, New Delhi. On 9th February 2020, an unauthorized group accessed the college premises during the festival and reportedly engaged in unwarranted behaviour, including alleged sexual harassment of female students.

The incident came to light after some students took to Instagram to narrate their ordeal and alleged that security personnel did nothing to control the unruly groups.

The bench in its order dated August 17, said that media reports alluding to the detention and subsequent release of certain individuals necessitate a comprehensive follow-up, and asked the Deputy Commissioner of Police concerned to personally look into the matter and supervise the investigation in the criminal case lodged in the alleged sexual harassment incident.

The bench was informed by the Delhi police that none of the witnesses had come forward to make a statement. Court said that the law enforcement agencies must instill confidence in victims and witnesses, and assist them to come forward to make necessary disclosures about the incident.

"The Witness Protection Scheme, 2018, ought to be leveraged to fortify the investigation and safeguard witnesses. It is crucial to scrutinise all available footage, especially those capturing the vehicles, given the evidence suggesting their significant role in the incident”, the division bench said.

It also said that such hesitancy on the part of the witnesses to come forward to make a statement needs to be addressed and noted that according to the newspaper report on record, the accused arrived in the campus vicinity in trucks and said that such CCTV footage must be thoroughly examined to identify the vehicles used which can lead to the offenders.

The bench also noted that media reports indicated that certain individuals were apprehended but were later released on bail. Court opined that to let go of such potential leads without meticulous scrutiny will be a "miscarriage of justice".

To ensure the prevention of any recurrence of such incidents, the Judges said that 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," it said.

Regarding the criminal investigation, the bench said that since the proceedings are pending before the Metropolitan Magistrate, Saket Court, the court deemed it apt to refrain from any further monitoring, and no further orders were required to be passed in the PIL.

According to the police, a case was registered under Indian Penal Code sections 452 (house-trespass after preparation for hurt, assault or wrongful restraint), 354 (assault or criminal force to woman with intent to outrage her modesty), 509 (word, gesture or act intended to insult the modesty of a woman) and 34 (acts done by several persons in furtherance of common intention).

Case Title: Manohar Lal Sharma v. Central Bureau of Investigation (CBI) & Ors.