Youth Congress President Srinivas BV moves Supreme Court for quashing FIR in outraging modesty case

Youth Congress President Srinivas BV has moved the Supreme Court of India seeking quashing of the first information report (FIR) lodged against him for allegedly outraging modesty of a former Congress worker [Srinivas BV vs State of Assam]..The leader moved the Supreme Court after the Gauhati High Court last week rejected his anticipatory bail application and also refused to quash the FIR.Senior Advocate Devdatt Kamat mentioned the matter on Monday before a bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala seeking urgent relief.The bench is likely to list the matter for hearing next week. .Srinivas has sought quashing of the FIR lodged against him on a complaint lodged by his former colleague and the ex-president of Assam Youth Congress. In her complaint, the woman alleged that Srinivas persistently harassed her mentally by way of sexist remarks and slang words. She also claimed that he threatened her with dire consequences, if she disclosed the same before the high office bearers of the Congress Party. She also alleged that during the plenary session of the Congress Party held at Mayfair Hotel in Raipur on March 25, she was heckled at the entrance of the hotel by Srinivas who allegedly held her arms and also threatened her by using slang words. Despite informing the high office bearers of the Congress Party about his behaviour, no action was taken, she claimed..On her complaint, an FIR was registered booking Srinivas under Sections 352 (assault or criminal force), 354 (assault or criminal force to woman with intent to outrage her modesty) and 354A (1)(iv) (sexual harassment) of the Indian Penal Code.He was also issued a notice by the Dispur Police, asking him to personally appear before the officers investigating the complaint..Srinivas moved the High Court seeking anticipatory bail and stay on the summoning notice by Dispur police. He claimed that the FIR was filed against him to settle political scores. In its order rejecting the plea, the Gauhati High Court did not find the FIR to be politically motivated. The bench also found that the utterances by him prima facie seemed to constitute the offences alleged against him. The Court also noted that the alleged harassment by making sexist comments using slang words persistently and threatening the victim not to report his misdemeanour to the high office bearers of their party, would amount to offence of criminal intimidation as alleged in the FIR..In the petition before Supreme Court, Srinivas claimed that a plain reading of the FIR failed to show the ingredients to make out an offence. The plea also alleged that Assam police had no jursidiction to investigate or register an FIR for an offence which allegedly took place in Chhattisgarh. Srinivas pointed out that though the time to appear before the Dispur police had been extended till May 12, there were apprehensions that the police may arrest him when he reaches Gauhati for investigation.