What steps will State take to protect dignity of soldiers? Orissa High Court on assault of army officer, lawyer-fiancé

The Orissa High Court on Monday asked the State to file a response on whether it plans to take any measures to protect the dignity of armed forces personnel after an army major and his lawyer-fiancé were allegedly assaulted by police officers at the Bharatpur police station in Odisha.

In its September 23 order, the Division Bench of Chief Justice Chakradhari Sharan Singh and Justice Savitri Ratho noted that the prestige and dignity of an army officer was at stake.

"As the incident also concerns the prestige and dignity of an army officer, who was on leave, the Court would like to know from the State Government as to what steps it intends to take to protect the dignity of the personnel of the Armed Forces, in such situations," the Court said.

Notably, the Bench also sought a report on the functioning of CCTV cameras in police stations after taking note of submissions that the Bharatpur police station did not have CCTV cameras.

This lapse violated Supreme Court directives to ensure such surveillance in all police stations of the country, the Court noted.

The Advocate General informed the High Court that there are 650 police stations in Odisha, of which 559 were equipped with CCTV cameras. He added that some of the newly constructed police stations lack this facility.

Therefore, the Court directed the Additional Director General of Police of Odisha, Dayal Gangwal, to submit a report on the availability of CCTV facilities in all police stations and outposts in the State on October 8.

"If possible, Mr. Gangwar shall be required to explain the scheme of positioning of the CCTV cameras in the police stations. If required, we shall issue further directions to ensure that the Supreme Court’s direction in the cases noted above are fully complied with, depending upon the nature of report which is submitted by Mr. Gangwar," the Court added.

Given the sensitive nature of the case, the Court also restrained the publication of the names of the army officer and his partner on media/ social media platforms.

"Since we have noticed that their names and identities are being disclosed in the print, electronic and social media, we consider it proper in the facts and circumstances to restrain all concerned from publishing their names and identities on either print, electronic or social media, in any manner," the Court said.

The matter involves allegations that an army officer and his lawyer fiance were tortured by the police when they visited the Bharatpur police station on September 14 to file a complaint about a road rage incident.

The lawyer also complained that she was subjected to sexual assault at the police station.

The High Court initiated a suo motu case over the incident based on a letter by another army officer, Lieutenant General PS Shekhawat.

In its September 23 order, the Court expressed its surprise at the police filing a criminal complaint against the couple on allegations that they attempted to murder police personnel when it was clear that the couple had only visited the station to file a complaint.

The Court was told that two other connected cases have been registered, one against police officers accused of assaulting the couple and another over the road rage incident.

The investigation in all three cases has been transferred to the Crime Branch and is being supervised by the Additional Director General of Police of Crime Branch, it was further submitted.

The Court made an appreciative note of these developments and added that it would not comment on the investigation unless there are compelling or exceptional circumstances.

A commission of inquiry headed by a retired High Court judge is also examining the issue, the Court noted.

"In the present suo motu proceeding in the nature of Public Interest Litigation, the Court will generally confine itself to the issues concerning facilities available in various police stations and police outposts in the State of Odisha," the Court said.

The matter will be heard next on October 8.

Senior Advocate Gautam Misra appeared before the Court as an Amicus Curiae. He was assisted by advocate A Dash.

Advocate General Pitambar Acharya, Additional Government Advocates L Samantaray and Saswat Das along with Senior Advocate Durga Prasad Nanda and Advocate M Dwibedi appeared for the State and other respondents.

[Read Order]