IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
RUMI KUMARI PHUKAN, J.
Prof. Maguni Charan Behra, Son of late Ananta Behra - Petitioner
Versus
State of Arunachal Pradesh & Ors. - Opposite Parties
Transfer Petition (Crl) No.37 of 2014
Decided On : 14-11-2017
Constitution of Indian – Article 21 – Indian Penal Code, 1860 – Section 354 and 34 – Criminal Procedure Code, 1973 – Section 407 – Security and Confidence – Alleged Victim – Courts power of – Court premises and about to proceed to Naharlagun then a group of persons who were seen in Court premises suddenly surround and assaulted him and told him that on next date he should admit allegation levelled against him and also told him to tender his resignation from post otherwise they will take stern action – Again when he proceeded to Naharlagun to meet his counsel to know about stages of case and reached Naharlagun at then he was compelled to get down from bus by a group of people/students whom he did not know ghareoed and assaulted him and asked him to straight go to University and tender resignation from his post and leave Arunachal Pradesh forever otherwise they will kill him and they left place – After receiving such threat from said group of persons he hired a vehicle and left for North Lakhimpur out of fear without meeting his counsel – Held, Court has no hesitation in holding that petitioner has a reasonable apprehension that he may not get a fair trial in State of Arunachal Pradesh. Without casting any reflection on District Judiciary, and State functionary it held that trial of aforesaid case should be held in a different District in a free and fair atmosphere – Court is of considered view that interest of justice required that trial may be transferred to a place outside State of Arunachal Pradesh – Court at Yupia and a sense of insecurity as well as apprehension of not getting fair trial submission has been made that his witnesses may not dare to appear before CJM Yupia out of fear of their life and on other hand place of residence of alleged victim not far away from North Lakhimpur as they have to go to will be convenient for them also to appear before Court – Petition stands disposed.
1. The present Application U/S 407 Cr.PC. has been filed for transfer of the G.R. Case No.432/2013 pending before the Chief Judicial Magistrate, Papumpare at Yupia from said Court to any other Court of Assam preferably to North Lakhimpur District.
2. Heard Mr. A.K. Purkayastha, learned counsel for the accused petitioner, Mr. N. N. B. Choudhury, learned Sr. Govt Advocate, appearing for the State of Arunachal Pradesh and Mr. S.K. Deori, learned Standing Counsel Rajeev Gandhi University.
3. The petitioner while working as a Director, Arunachal Institute of Tribal Service (AITS) of Rajeev Gandhi University (RGU) as on 9.10.2013 complainant Miss Isha Basar, a Ph.D. scholar of AITS, RGU along with two others viz. Ms. Maya Pulu, M. Phil, RGU and Ms. Tobom Loilen, M. Phil RGU lodged a complaint before the Vice-Chancellor, Rajiv Gandhi University, stating inter alia that on 7th October, 2013 at about 1.30 pm Prof M.C. Behra called Ms. Isha Basar to his private quarter at RGU campus to give her some study materials. When she reached his quarter there was no one else, then the present petitioner molestated her to which she somehow escaped. When she recounted the incident to other two research scholars named above, came to know that they have also undergone similar experiences. They made a complaint before the authority concerned of Rajeev Gandhi University and the same was forwarded to All Woman Police Station, Itanagar which was registered as Itanagar P.S. Case No. 57 of 2013 U/S 354/34 IPC. On completion of the investigation Charge-sheet was laid against the accused petitioner U/S 354/354(A)(1)(i)/342 IPC and the case came up for trial before the learned CJM, Papumpare and after receipt of the summons from the learned CJM, Yupia he appeared before the Court as on 12.8.2014 and obtained regular bail but as and when he went out from the Court premises and about to proceed to Naharlagun then a group of persons who were seen in the Court premises suddenly surround and assaulted him and told him that on the next date he should admit the allegation levelled against him and also told him to tender his resignation from the post otherwise they will take stern action. Again on 9.10.2014 when he proceeded to Naharlagun to meet his counsel to know about the stages of the case and reached Naharlagun at about 11 a.m. then he was compelled to get down from the bus by a group of people/students whom he did not know ghareoed and assaulted him and asked him to straight go to the University and tender resignation from his post and leave Arunachal Pradesh forever otherwise they will kill him and they left the place. After receiving such threat from said group of persons he hired a vehicle and left for North Lakhimpur out of fear without meeting his counsel.
4. Apart from the said incident the petitioner has narrated some other incident since after filing of the FIR against him. It is stated that on 9.10.2013 after filing of the FIR the residential quarter of the petitioner was ransacked by an antisocial elements comprising more than 100 people/students and caused extensive damage to the property, apart from theft of valuable household articles and cash amount. But because of his absence at the relevant period his life was spared. Even thereafter, when he obtained interim bail from the Hon’ble Gauhati High Court he could not move freely in his working place as well as other areas as he got constant threatening from said antisocial groups, who protested against the Court decision of granting interim protection and shouted slogans demanding his immediate expulsion from the service. Most of the newspaper of Arunachal Pradesh published the incident. The complainant side engaged five Advocates for objecting absolute anticipatory bail on the day of hearing and about 200 students and antisocial groups gathered the outside Court campus of Gauhati High Court Itanagar bench to protest about the granting of bail for which the Court has to pass its bail
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