The Nagaland State Commission for Women has the authority to investigate workplace harassment complaints and file reports, enabling criminal actions under relevant laws when evidence suggests. Both civil and criminal remedies can concurrently apply under the PoSH Act and BNS.

JUDGMENT :

MITALI THAKURIA, J.

Heard Mr. A. Zho, the learned counsel for the petitioner. Also heard Ms. S. Mere, the learned Senior Government Advocate, Nagaland appearing for the State respondent Nos. 1, 2, 3 & 4 and Ms. Vrinda Grover, the learned counsel for the respondent Nos. 5, 6, 7 & 8.

2. By filing this writ petition under Article 226 of the Constitution of India read with Section 528 of BNS S , 2023, the petitioner had assailed the complaint letter No. NSCW/SH/D/2025/121 dated 17.03.2025, written to the Director General of Police, PHQ, Nagaland, Kohima against the present petitioner by the Chairperson, Nagaland State Commission for Women (in short ‘the NSCW’), whereby an allegation has been made that there was a sexual and mental harassment in workplace. Based on the written complaint, the State Crime Police Station registered as case being No. 01/2025, on 02.04.2025 against the present petitioner under Sections 74 /75(2)/79 of , 2023 for further investigation.

3. Initially, the writ petition was filed for quashing of the said complaint filed against the present petitioner, which was registered as stated above, but during the pendency of the petition, the case has been charge sheeted against him vide Charge Sheet No.6/2025, dated 30.06.2025. In view of filing of the charge sheet, a prayer has been made for amendment of the present petition with a further prayer for quashing the entire criminal proceeding along with the charge sheet. Accordingly, the amended petition has been filed and to that effect, the respondents have also filed their affidavit-in-opposition against the said amended writ petition.

4. The case of the petitioner is that an FIR has been set in motion on the basis of the written complaint filed by the Chairperson of the NSCW, allegedly in exercise of power under Section 5 & 6 of the NAGALAND WOMEN COMMISSION ACT , 2006 (here-in- after referred as ‘the Act of 2006’). It is the case of the petitioner that the complaint dated 17.03.2025, filed by the NSCW, does not reveal any offence against the present petitioner and all the allegations brought against him are general and vague. It is also the case of the petitioner that the cognizance of the offence under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in short ‘the PoSH Act, 2013’), can be taken by the Magistrate only upon a complaint, written by the victim or any authorized person and therefore, the registration of the FIR by the police is without any authority or law.

5. It is submitted by Mr. A. Zho, the learned counsel that the present petitioner was working as the Joint Secretary in the Investment Development Authority of Nagaland (in short ‘the IDAN’) under the Planning Department, Government of Nagaland. It is alleged that on 25.02.2025, the NSCW had received information from a reliable source that there was sexual harassment in the office of the IDAN, Kohima. In this connection, the Chairperson of the NSCW had issued a notice on 04.03.2025, addressed to the Chairman, IDAN, directing the Chairman to furnish the name, designation and the contact number of all the women employees under the establishment of IDAN. Such notices were issued in exercise of power under Sections 5 & 6 of the Act of 2006. As per the notice, all the female employees of IDAN were directed to appear before the Chairperson of the NSCW on 17.