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Odisha: CM Majhi orders judicial inquiry into custodial violence case against Army Captain and his fiancée

A commission has been set up by the Government of Odisha to investigate the details of the case, which will be led by Justice (Retired) Chittranjan Das. The commission is expected to submit a report on the matter within 60 days.

On Monday, 23rd September, the Chief Minister of Odisha, Mohan Charan Majhi, ordered a judicial inquiry into allegations of custodial violence against an Army Captain and his fiancée at Bharatpur police station in the state. A commission has been set up by the Government of Odisha to investigate the details of the case, which will be led by Justice (Retired) Chittranjan Das. The commission is expected to submit a report on the matter within 60 days.

Meanwhile, the concerned police officials have been suspended by the Odisha government, as confirmed by CM Majhi. He added that a case has been registered against the said police officials. CM Majhi stated, “The state government is fully concerned about the dignity, safety, and rights of women. The police officers concerned have been suspended, and a case has also been registered against them. Action has been taken against the youth involved in the incident.”

The Odisha government also issued an official notification expressing deep concern over the incident. As per reports, the Army officer and his fiancée were assaulted and mistreated by the police officials. The notification emphasised the public importance of the matter, which warranted an inquiry under the Commissions of Inquiry Act, 1952.

The notification read, “It has come to the notice of the State Government that cases and counter-cases have been lodged alleging misbehaviour/assault on a woman and a serving army officer inside Bharatpur Police Station; and whereas the State Government is deeply concerned about the issue and is of the opinion that, this being a matter of serious public importance, it should be inquired into by a Commission of Inquiry under the Commissions of Inquiry Act, 1952.”

The commission, led by Justice (Retired) Das, will investigate the sequence of events that led to the reported incidents, the roles and accountability of individuals involved, and will suggest measures to prevent future occurrences of similar nature and ensure the security of women.

The notification read, “The Headquarters of the Commission shall be at Bhubaneswar. However, the Commission may hold the inquiry at any other place as may be considered necessary for the purpose.”

Background of the incident of the assault in Odisha on the Army Captain and his fiancée

On 15th September, the Army Major and the woman went to Bharatpur police station to complain about some miscreants who had harassed them while returning from a hotel late at night. Reportedly, the police officials did not address their concerns and allegedly tortured the Captain and the woman instead. The woman was sent to jail without any justification by the police.

Reportedly, the woman was forcefully locked in the police station and assaulted at Bhubaneswar’s Bharatpur police station by a few female officers and later she was also allegedly sexually molested by the inspector-in-charge (IIC) of the Police Station in police custody. At the same time, the army officer was also locked up and assaulted by cops. The incident came to light after the Odisha HC granted the woman bail and ordered an investigation into the case. 

“As I was screaming for help, the inspector in charge of the police station came around 6 am,” the woman claimed, saying that he lowered her pants, exposed his private parts, and abused her in filthy language.

“Around 1 am on September 15, when I was heading home after closing down my restaurant, a group of youths stopped our car and tried to scuffle with us. After we managed to get into the car, we went to the Bharatpur police station to lodge an FIR, where a lady constable was sitting at the reception wearing a nighty,” the woman alleged while speaking to reporters at AIIMS Bhubaneswar.

On 22nd September, the District Court granted bail to all seven accused officials in the case, who have been identified as Rakesh Naik, Abhilash Sawant, Aman Kumar, Aditya Ranjan Behra, Akash Padhiyari, Harish Manta, and Ashish Kumar. Speaking to the media, Additional DCP Bhubaneswar, Krushna Prasad Dash, said that a case against the accused police officials has been registered under several sections of the BNS.

Speaking about the matter, state Law Minister Prithviraj Harichandan said, “This is a crucial situation…Whatever incident has happened was not called for. She has asked for help and she has not been given a proper response from the Police station…When it came to the notice of the Government, CM formed a ministerial committee to listen to the grievance, to discuss it with the victim, her parents and other Army veterans…We sat with the team, we listened to them very patiently…In the evening, we apprised the CM regarding all this. After that, there was a high-level committee meeting, it was decided that a judicial inquiry would be instituted…Since it’s a crime against women, for which we have zero tolerance, CM has decided to let the Crime Branch inquiry continue and High Court will monitor the investigation process…”

The victim and her father also met CM Majhi and Law Minister Prithviraj Harichandan. Her father said, “State Government has ordered a juridical inquiry. So, we thank Odisha Government & CM that he heard us. Two days back, we saw a Police personnel demonstration. That had put doubt in our minds about whether the Police investigation would be fair. To clear that doubt, the State Government has ordered a judicial inquiry. I think this is happening for the first time in history that judicial inquiry will be completed within 60 days in a time-bound manner…CM has assured us that security would be provided so that if a woman steps out even at 2 am in the night, she feels safe. There can be issues at our restaurant due to this case, so he has assured us that there won’t be any such problem. He has assured us that it will be kept secure and that the restaurant can be operated without any issue…”

After meeting the CM, the victim woman said, “Today, after meeting the CM where he gave me a patient audience and hearing, he has heard all my grievances and till date my complaint remains those 7 Bhatapur Police officials who wronged me & molested me. He has assured me with a judicial inquiry that I will be given justice…I told him that I could face possible threats because already the Police officials have come twice and intimidated my staff. So, I also told him about the same episode. He has assured and ensured that in the future, women are going to be absolutely safe in this state and zero tolerance towards any wrongdoings towards women will be taken…With all these words that he had promised me, I do feel relaxed. I will be happy when the justice will be provided to me through this judicial inquiry. I am happy that he gave me a patient hearing.”

Opposition party leaders also issued statement in the matter. Notably, BJD had called for six-hour bandh to protest against the alleged assault which has been recalled after orders for judicial inquiry in the matter. BJD Vice-President Debi Prasad Mishra said, “The Odisha government has issued a notification. Yesterday, a press note was released from the Chief Minister’s office that the demands of BJD chief & former Odisha CM Naveen Patnaik have been considered and to ensure the quick redressal of justice, an enquiry monitored by the high court will probe into the incident.”

“We are hopeful that justice will be served and exemplary punishment will be given to those involved in the incident…BJD withdraws a six-hour bandh in Bhubaneswar that the party had proposed on September 24”. the BJD leader added.

With inputs from ANI

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