Delhi Court: A Bimol Akoijam Anticipatory Bail BNS Plea Gets Police Reply

• A Delhi court has sought a police response on Congress MP A Bimol Akoijam's anticipatory bail plea in a sexual harassment case.
• The court granted interim protection, ordering no action against Akoijam until the next hearing on November 5.
• Akoijam faces an FIR under Section 75 of the newly enacted Bharatiya Nyaya Sanhita (BNS) following allegations by several JNU students.
• He was dismissed from JNU on October 9, but the Delhi High Court stayed his termination on November 2.
• Akoijam's counsel stated he previously secured transit anticipatory bail from Manipur, extended by Patiala House Court, and has cooperated with the probe.

This case provides an early look at how Delhi courts are handling anticipatory bail applications under the newly enacted Bharatiya Nyaya Sanhita (BNS), particularly concerning sexual harassment allegations.

A Delhi court has requested a response from the Delhi Police regarding an anticipatory bail application filed by A Bimol Akoijam, a Member of Parliament for the Congress party and a professor at Jawaharlal Nehru University. Special Judge Digvinay Singh, presiding over the Rouse Avenue Courts, heard the plea and subsequently directed the police to submit their reply. During the proceedings, the court issued an order stipulating that no coercive action should be taken against Akoijam until November 5, the date set for the next hearing. Furthermore, the investigating officer assigned to the case has been mandated to appear before the court on that date.

This development comes as Akoijam faces criminal charges stemming from sexual harassment allegations. His legal representative informed the court that he had previously secured transit anticipatory bail from a court in Manipur, which was subsequently extended by the Patiala House Court on October 29. The counsel also emphasized Akoijam's cooperation with the ongoing investigation, asserting that he has already joined the probe. The court's decision to grant interim protection highlights the immediate judicial consideration given to such applications, particularly under the recently enacted legal framework.

The anticipatory bail application by A Bimol Akoijam arises from serious accusations of sexual harassment made by several students. Following these allegations, the Delhi Police initiated a First Information Report (FIR), registering the case under Section 75 of the Bharatiya Nyaya Sanhita (BNS). This specific section addresses offenses related to sexual harassment, marking one of the early instances where the provisions of the new criminal code are being applied in a high-profile case involving a public figure and academic. Akoijam has consistently denied all the allegations leveled against him.

The registration of the FIR under the BNS is a significant point, as the new legislation replaced the Indian Penal Code (IPC) on July 1, 2024. This case therefore provides an early look at how Delhi courts are handling anticipatory bail applications under the newly enacted Bharatiya Nyaya Sanhita (BNS), particularly concerning sexual harassment allegations. The judicial process in this matter will offer crucial insights into the practical implementation and interpretation of the BNS, especially regarding the procedures for granting pre-arrest bail in sensitive cases.

Beyond the criminal proceedings, Akoijam's professional standing at Jawaharlal Nehru University has also been significantly impacted. On October 9, he was dismissed from his position with immediate effect, a decision that followed an internal inquiry into the sexual harassment allegations. Prior to his dismissal, Akoijam was affiliated with the Centre for the Study of Social Systems, which operates under JNU’s School of Social Sciences. This immediate termination underscores the university's response to the gravity of the accusations.

However, the Delhi High Court intervened in the matter on November 2, issuing a stay on his termination from service. This judicial intervention occurred after Akoijam challenged the university's action, seeking relief against what he contended was an unfair or improperly conducted dismissal. The High Court's decision to stay the termination indicates a separate legal battle unfolding concurrently with the criminal investigation, adding another layer of complexity to the overall situation.

The ongoing proceedings concerning A Bimol Akoijam's anticipatory bail BNS application are particularly noteworthy for legal practitioners and the judiciary. This case provides an early look at how Delhi courts are handling anticipatory bail applications under the newly enacted Bharatiya Nyaya Sanhita (BNS), particularly concerning sexual harassment allegations. The court's decision to grant interim protection while awaiting the police's detailed response sets a precedent for the initial stages of such cases under the new law. Lawyers should monitor the court's interpretation and application of BNS provisions, especially regarding interim protections and police response requirements, as this could establish precedents for future criminal proceedings under the new code. The requirement for the investigating officer to appear personally on the next date also highlights the court's emphasis on direct engagement from law enforcement in these matters.

This case provides an early look at how Delhi courts are handling anticipatory bail applications under the newly enacted Bharatiya Nyaya Sanhita (BNS), particularly concerning sexual harassment allegations. Lawyers should monitor the court's interpretation and application of BNS provisions, especially regarding interim protections and police response requirements, as this could establish precedents for future criminal proceedings under the new code.

Source: Original reporting via court documents and legal news.