Delhi Court Halts Police Action Against A Bimol Akoijam

• A Delhi court has halted immediate coercive action by Delhi Police against Congress MP and JNU professor A Bimol Akoijam.
• The court mandated a seven-day notice period before any potential arrest of Akoijam in a sexual harassment case.
• An FIR was registered against Akoijam under Section 75 of the Bharatiya Nyaya Sanhita following allegations from several students.
• The court noted Akoijam's clear antecedents and his cooperation with the ongoing investigation.
• JNU had previously dismissed Akoijam on October 9 after an inquiry into sexual harassment allegations, though this dismissal has since been stayed by the Delhi High Court.

Special Judge Digvinay Singh of the Rouse Avenue Courts stipulated that a seven-day advance notice must be provided to Akoijam if his arrest becomes necessary.

A Delhi court has issued a significant directive, preventing the Delhi Police from taking immediate coercive action against A Bimol Akoijam, a sitting Member of Parliament for the Congress party and a professor at Jawaharlal Nehru University. This order pertains to a sexual harassment case where an FIR has been lodged against Akoijam under Section 75 of the Bharatiya Nyaya Sanhita (BNS), following allegations made by several students.

Special Judge Digvinay Singh, presiding over the Rouse Avenue Courts, stipulated that a seven-day advance notice must be provided to Akoijam if his arrest becomes necessary. The court's decision was influenced by several factors, including Akoijam's unblemished record and his demonstrated cooperation with the ongoing investigation. This ruling ensures that the JNU professor police action will adhere to a specific procedural safeguard before any arrest can be made.

The court further observed that the investigation into the A Bimol Akoijam sexual harassment case remains incomplete, with statements from the alleged victims yet to be formally recorded. This delay stems from the Jawaharlal Nehru University administration's failure to furnish the names and pertinent details of the complainants to the Delhi Police. Judge Singh emphasized that should Akoijam cease to cooperate with the probe, the Delhi Police is at liberty to petition the court for appropriate instructions.

During the proceedings, Akoijam's legal representative affirmed his client's consistent participation in the investigation. Concurrently, the public prosecutor informed the court that a notice had been dispatched to JNU, requesting the necessary information about the complainants, and confirmed that the police intend to interview them. This highlights the procedural hurdles faced by the Delhi Police coercive action in this matter.

The allegations of sexual harassment against A Bimol Akoijam are not new, with multiple students having come forward with complaints. These accusations ultimately led to his dismissal from JNU on October 9; however, the Delhi High Court has since stayed this decision.

The current Rouse Avenue Courts order provides a crucial layer of protection for Akoijam, ensuring due process is followed even as the investigation under Bharatiya Nyaya Sanhita Section 75 progresses. This development underscores the complexities involved in such high-profile cases, particularly when they involve individuals with public standing.

Lawyers advising clients accused of sexual harassment under the Bharatiya Nyaya Sanhita should note this order as a precedent for seeking protection against immediate coercive police action, particularly when the accused has clear antecedents and is cooperating with the investigation. This ruling underscores the court's emphasis on due process and the requirement for prior notice before arrest, even in serious allegations.

Source: Original reporting via legal news outlet.