ORDER :

N. Kotiswar Singh, J.

1. The Court proceedings have been conducted through video-conference.

2. Heard Ms. Sumitra Sarma, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Additional Senior Government Advocate, Assam.

3. The matter had been fixed today for apprising this Court by Mr. Nath, the Ld. Government Counsel of the status of the investigation conducted so far. A copy of the status report dated 24.05.2021 submitted is kept on record.

4. Some of the issues raised in this petition are of seminal importance, though these relate to an individual, the petitioner herein, but will have far-reaching consequences if the allegations made by the petitioner are not properly investigated and brought to their logical conclusion.

5. The issues raised in this petition are based on allegations of sexual harassment, sexual assault and other misconducts meted out to a student by fellow students within the hallowed precincts of a premier educational institution, the Indian Institute of Technology (IIT), Guwahati. From the materials brought on record, there are definitive indications of certain serious offences having taken place, though the full and complete picture is yet to emerge. It is of utmost importance that such serious incidents do not recur in such academic institution of excellence, for, even allegations of such nature can not only mar the academic reputation of a prestigious institution but also vitiate the academic atmosphere and have a chilling and deleterious effect on many of the students hailing from across the country perusing their studies.

6. It may not be necessary at this stage to go into detail, of the facts and allegations made, but it will suffice if only some of the bare minimum essential facts are adverted to.

7. It is the specific allegation of the petitioner, a student of IIT, Guwahati, that she was subjected to sexual assault by certain fellow student(s) of the IIT, Guwahati in the night of 28.03.2021. It is the undisputed fact that the petitioner was taken to Gauhati Medical College and Hospital (GMCH) in the early morning of 29.03.2021 in an unconscious state. The concerned doctor who examined her in the GMHC informed the nearest Bhangagarh Police Station that a patient (petitioner herein) with a history of indigestion of unknown substance with sexual assault arrived at the Casualty, GMCH on 29.03.2021 at 1:05 am. The said report was forwarded by the Bhangagarh Police Station on the same day in the early morning to Amingaon Police Outpost, under whose jurisdiction the incident occurred, on which basis an FIR was registered as Amingaon P.S. Case No. 53/2021 under Section 376 IPC on 30.03.2021. The present respondent No. 6 was assigned to investigate the matter on the same day.

8. It appears that on 02.04.2021 at 7 pm another police report was submitted by the Senior Security Officer, IIT, Guwahati before the Officer-in-Charge of Amingaon Police Station on 02.04.2021 at 7 pm stating that on 28.03.2021 at around 11 pm a female student was found unconscious in the Institute premises who was examined in the Institute and was immediately sent by ambulance to Gauhati Medical College and Hospital for further medical examination. It is also mentioned in the said report that the Institute had constituted a committee on 29.03.2021 to investigate the incident, which submitted its report on 02.04.2021 at 6 pm. The said report was also submitted to the police along with the Complaints. The IIT authorities thus formally lodged a Complaints as aforesaid which was duly acknowledged by the police and accordingly, an FIR being, North Guwahati Police Station Case No. 55/2021 under Section 376 IPC was registered on 03.04.2021.

9. It appears that subsequently thereafter, the petitioner, not being satisfied with the investigation or alleged non-action of the investigating authority approached the Officer-in-Charge of All Women Police Station, Guwahati on 07.04.2021 and filed another FIR which was duly registered by