Midnight Calls & Visits To Victims, Particularly Of Sexual Assault Violates Privacy, Dignity: Calcutta High Court Slams Lake Police Officers

In a suo moto motion, the Calcutta High Court has expressed severe condemnation over the conduct of police officers from the Lake Gardens and Narendrapur Police Station who were probing a case involving a gang rape victim.

In reprimanding the police officers for making midnight calls and visits to the victim and in enlarging on bail someone who had attempted to influence her to drop the case, a division-bench of Justice Joymalya Bagchi and Justice Gaurang Kanth said,

"This Court has never come across a case where in the name of ‘investigation’ or ‘interest of justice’ as the deponents would persuade us to believe midnight knocks or Whatsapp calls are made to female victims of crime particularly that of sexual assault...Right to privacy and dignity of every individual particularly a victim of sexual assault is the cornerstone of a civilized society. The Investigating Agency which is duty bound to preserve, protect and champion the fundamental right of privacy of the victim appears to have encroached upon it themselves. This factual background shows brazen disregard to the rule of law, privacy and dignity of a victim of sexual offence."

The Court had initiated suo moto action whilst hearing the bail application of one of the co-accused in the gang rape.

While hearing that case, the Court was informed that in the course of trial before the Sessions Judge, the victim had informed the Trial judge that one Vishal Periwal, who was present in the Trial Court, had attempted to influence her into dropping the case.

Court noted that though the Trial judge had directed for Periwal to be taken into custody and a criminal case had been registered against him, the police “for reasons best known to them,” had released him from custody upon serving notice u/s 41A of the CrPC, granting him bail.

Court also found that in course of investigation on 29 June, an electronic mail was sent to Narendrapur Police Station (within whose jurisdiction the victim resides) to intimate her to appear before the Magistrate on May 5 to record her statement. The intimation was however not communicated to the victim till the midnight between 4th/5th July, 2023. "Recalcitrance to give proper and timely notice to the victim to appear before the Magistrate is writ large from these facts," Court said.

The Police officers blamed the computer operator for having overlooked the e-mail. However, the Court said it is at loss to understand why the victim was not directly contacted by the said police officers of Lake Police Station but a circuitous route was adapted by sending e-mail to Narendrapur Police Station to inform the date for recording statement before Magistrate, particularly when they had her telephone number.

In noting these “disturbing facts,” the Bench chastised the conduct of the police personnel attached to the investigation, and considered imposing heavy penalties upon them.

However, upon being told by survivor’s advocate that she did not wish to pursue the matter any further, the Court ordered the Officers-in-charge of the Lake and Narendrapur Police Station to personally pay a nominal compensation of Rs 5,000 each to the victim, and observed:

Factual background shows brazen disregard to the rule of law, privacy and dignity of a victim of sexual offence. No police officer shall unless persuaded by extremely compelling circumstances relating to protection of life and safety of the victim shall not take recourse to measure like midnight calls/ visits which would impact the privacy, dignity and respect of the victim in her social surroundings. These excesses by the police officers are in violation of the fundamental right to privacy and dignity enshrined under Article 21 of the Constitution of India and the victim is entitled to compensation for vindication of such rights.

Coram: Justice Joymalya Bagchi and Justice Gaurang Kanth

Case: In re: the Court on its own Motion

Citation: 2023 LiveLaw (Cal) 265

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