A court in Assam’s Nalbari district has directed the registration of an FIR against the District Commissioner (DC), IAS Varnali Deka (2009 batch), following allegations that she harassed a subordinate officer. The Additional Chief Judicial Magistrate (ACJM) of Nalbari, Ms. P Goswami, issued her ruling on Monday (Case No: CR/231/2024), noting that “certain incidents” occurred during the Lok Sabha elections, leading to the filing of a complaint by one Ms. Arpana Sarmah, who was serving as the Circle Officer (CO) of Paschim Nalbari at the time.
In her judgement, Ms. Goswami emphasized the failure of the police to fulfil their duty under the law, stating that an FIR must be registered and a thorough investigation must be carried out. “Considering the facts of the case and the detailed discussion, I am of the opinion that the police have neglected their responsibility. An FIR should be filed based on the complainant’s allegations, and a proper investigation should follow, as per the law,” the order read.
The court instructed the Officer-in-Charge of Nalbari Police Station to formally register the case, conduct an investigation, and submit the final report promptly regarding Ms. Sarmah’s complaint against Ms. Deka.
What is the allegation?
Ms. Sarmah had filed a police complaint on May 8th, the day after the Lok Sabha elections in Nalbari, accusing IAS Deka of “mental harassment, public humiliation, and threats” while she was performing her election duties. Following this, Ms. Sarmah was suspended after Ms. Deka alleged that she had abandoned her post at the election venue and failed to complete her assigned tasks.
In her complaint, Sarmah claimed that Officer Deka had verbally abused her when she explained that the unavailability of labour at 1 AM. had prevented her from transporting election materials. On the other hand, IAS Deka accused Sarmah of neglecting her duties, alleging that she abandoned the central election management site at the Government Gurdon Higher Secondary School at 2 AM, without completing her responsibilities.
Ms. Sarmah also detailed a pattern of “extreme mental harassment” by Officer Deka, which she claimed had been ongoing since January of that year. She accused Deka of constantly scrutinizing her with the intent to falsely blame her for various issues on “flimsy grounds.” Ms. Sarmah described how this pressure led her to submit a letter to the Personnel Department in March, requesting extraordinary leave without allowance. She stated that if her leave was not granted, the letter should be treated as her resignation. However, after discussions with well-wishers, the local MLA, and the Environment and Forest Minister, Mr. Chandra Mohan Patowary, she withdrew her resignation letter.
The court noted that Ms. Sarmah had initially approached the Superintendent of Police (SP) of Nalbari, followed by sending an email to the Director General of Police (DGP) seeking registration of her case. However, when her grievance was not addressed, she escalated the matter to the Gauhati High Court. The High Court then directed the jurisdictional court to take up the case.
Upon reviewing the complaint and after a detailed hearing, Justice Goswami observed that the allegations raised by Ms. Sarmah were serious and of a cognizable nature, indicating potential criminal behaviour. The court further emphasized that an FIR is a mandatory step in initiating criminal proceedings, as it triggers the judicial process and ensures that law enforcement acts upon the matter.
Despite a police enquiry initiated five months ago, Justice Goswami noted that no conclusions had been reached, which she described as an undue delay contrary to legal principles and the directions of the Supreme Court.
“It is the complainant’s right to have her FIR registered when the information provided discloses a cognizable offence. The officer in charge is legally bound to do so,” the judge said.
