Delhi court directs 7 working days’ notice before arrest of Manipur MP Akoijam in sexual harassment case

A Delhi court on November 5 directed the city police to give seven working days' prior written notice to Congress MP and dismissed Jawaharlal Nehru University (JNU) professor Angomcha Bimol Akoijam before taking any coercive action against him, including arrest, in a sexual harassment case.

Disposing of Akoijam's anticipatory bail plea, Special Judge Dig Vinay Singh said the investigating agency must serve the notice physically and not through electronic modes if it decides to arrest him or seek his custodial interrogation.

The court noted that Delhi Police had submitted that it was not presently contemplating Akoijam's arrest, considering the nature of the allegations and the stage of the investigation. However, it said that if any change in circumstances necessitated his arrest, the agency would provide him seven working days' notice.

"The crux of the matter is that against the applicant (Akoijam) there are allegations of sexual harassment and inappropriate professional conduct," the court observed.

It also noted that the offences invoked in the FIR carried a maximum punishment of three years' imprisonment, although some of them were non-bailable.

The investigating officer informed the court that no alleged victim had yet been examined because the particulars of the complainants had not been provided by JNU authorities. The agency was in the process of obtaining the details, the court was told.

Taking note of Akoijam's clean antecedents and the fact that he had joined the investigation immediately after being summoned, the court directed the police not to take coercive steps against him without prior notice.

The court also directed Akoijam to provide the names of at least two persons from his family, residence or office who could receive the physical notice in case he was unavailable in Delhi.

It made the protection conditional on his continued cooperation with the investigation and appearing before the investigating officer whenever called.

The court further said that if his physical presence was required, the investigating officer should provide sufficient time for him to make travel arrangements, as he ordinarily resides in Manipur.

It clarified that the investigating officer would be free to approach the court for necessary directions if Akoijam failed to cooperate.

What is the case against Akoijam?

Delhi Police registered an FIR against the Inner Manipur Congress MP on October 12, days after JNU terminated his services following an internal inquiry into allegations of sexual harassment and inappropriate professional conduct.

According to the court's order, 16 complainants, including men and women, had submitted a joint complaint to the university authorities on May 18 this year.

An internal committee was subsequently constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The court noted that 15 of the 16 complainants appeared before the five-member committee and presented their accounts. Independent witnesses and defence witnesses were also examined.

The committee concluded that the allegations against Akoijam were established and recommended a major penalty, following which the university terminated his services, the court recorded.

The complainants alleged that Akoijam invited students to his campus residence under the pretext of meetings or gatherings and attempted to sexually harass them. Some students also alleged that he made obscene and inappropriate remarks during classes.

The FIR was registered at Vasant Kunj North police station based on a complaint and documents submitted by JNU's Chief Security Officer.

Akoijam has described his dismissal as a "witch hunt" and questioned the due process followed by the university.

High Court stays termination

The case has also seen developments before the Delhi High Court.

On November 2, the High Court stayed JNU's decision to terminate Akoijam's services and issued notice to the university on his petition challenging the dismissal order. The matter is listed for hearing in January.

The criminal investigation by Delhi Police is continuing separately from the proceedings challenging his termination from JNU.