Cal HC quashes criminal case against Coast Guard officer

Kolkata: Observing that the ultimate test to ascertain if the modesty of a woman has been outraged, is that the offender’s action should be such that it may be perceived as one capable of shocking the sense of decency of a woman, Calcutta High Court quashed criminal proceedings relating to sexual harassment against an Indian Coast Guard’s (ICG) commanding officer of the Haldia station.

The bench of Justice Shampa Dutt (Paul) was moved by the petitioner (commanding officer) praying for quashing of criminal proceedings against him brought by a woman officer who was deployed at Haldia.

On December 8, 2019 while the petitioner was on sanctioned leave at home station Dhanbad with his entire family, he got a call from his unit informing that then assistant commandant (de facto complainant) was subjected to a disciplinary action since she disobeyed the command of officiating Commanding Officer by refusing to go on patrolling plant for maritime border security.

Thus, the patrolling security routine got compromised.

To allegedly divert the attention from this incident, she brought a false charge of sexual harassment against the petitioner on December 19.

An internal complaints committee enquiry found the allegations false. The petitioner was exonerated.

The complainant challenged the committee’s order but her appeal was dismissed. She was then transferred to Mumbai where she lodged the complaint at Navi, Mumbai which was treated as zero FIR and the same was sent to Haldia Police Station.

A chargesheet was submitted under several IPC Sections.

It was submitted that a psychological examination report stated that she was mentally disturbed due to old disciplinary and domestic issues and is a risk to the organisation.

The complainant made several accusations against the petitioner, including staring at her in an objectionable

manner at the wardroom of Frazergunj ICG Station and inside a hovercraft which she was piloting.

Touching and addressing her inappropriately, among others.

However, allegations were found inconclusive in absence of evidence by the committee.

Observing there is absolutely no such action on the part of the petitioner which could be perceived as one capable of shocking the sense of decency of a woman, the court quashed the criminal proceedings.