GUWAHATI: The Gauhati High Court has cleared Gujarat Congress MLA Jignesh Mevani of charges under IPC Section 354 in a case involving an Assam woman police officer.
In a recent order, the court said the continuation of proceedings under IPC Section 354 (assault or criminal force to a woman with the intent to outrage her modesty) would amount to abuse of the process of law.
“…when the allegation fails to satisfy even at the minimal threshold, particularly, when the essential ingredients required under Section 354 IPC are conspicuously absent, this Court is required to exercise its inherent power to prevent abuse of process and to secure the end of justice. Therefore, in the totality of the matter, in the opinion of this Court, continuation of proceedings under section 354 IPC would amount to abuse of the process of law and miscarriage of justice,” the court said in its order.
The court, however, upheld the charge framed under IPC Section 352 (punishment for assault or criminal force).
Two cases were registered in Assam in 2022. A BJP leader in Kokrajhar had lodged a complaint after an alleged objectionable tweet from Mevani’s account on Prime Minister Narendra Modi. This was followed by his arrest from Gujarat on April 21 the same year.
The second case was registered after an officer had accused him of misbehaving with her inside a vehicle while he was being taken to Kokrajhar from Guwahati in connection with the first case.
The court said the statements of witnesses suggested physical contact in the form of pushing and using aggressive and abusive behaviour towards the victim but there was no assertion of any sexually suggestive gesture or remark accompanied by such an act.
Mevani was granted bail before filing of the charge sheet on July 7, 2022. Later, an Additional Chief Judicial Magistrate framed charges against him under IPC Sections 352 and 354 but dropped two other charges which were framed under different Sections.