The Gargi College of Delhi University (DU), where the sexual harassment of female students occurred at a cultural festival in February 2020, is about to be closed, and the police filed an”untraced report” in front of the trial court. The Delhi High Court (HC) has expressed its “unease” over this. The court ordered the concerned Deputy Commissioner of Police (DCP) to personally look into the matter and oversee the investigation in the criminal case that was filed in connection with the incident after media reports implying the detention and subsequent release of certain individuals call for a thorough follow-up.
According to the High Court, which was informed by the police that none of the witnesses had come forward to testify, the law enforcement agencies had to raise the confidence of victims and witnesses and help them to make the necessary disclosures. On Tuesday, the order was published on the HC’s website even before it had been passed on August 17. It is necessary to exploit the witness protection scheme for 2018, in order to strengthen investigations and protect witnesses. In view of the evidence suggesting their decisive role in this incident, it is important to check all available footage, especially those which captured vehicles,” a bench headed by Chief Justice Satish Chandra Sharma and Judges Sanjiv Narula said in its five page order.
“This court’s concerns are expressed about the pending closure of a serious case without any person being held responsible. Although the High Court has been able to obtain some testimony, there remains a problem with lack of definitive proof provided for in Section 164 CrPC” ,said the high court. The bench stated that, so far certain witnesses are reluctant to give evidence, it is necessary to take this into account. It was stated that such CCTV material must be carefully reviewed to identify the vehicles used, which in turn can lead to the criminals. It was highlighted that according to the newspaper report on file, the accused arrived in the campus area in trucks.
During the ‘Reverie’ festival on February 6, 2020, a number of men allegedly stormed into the all-female college and molested, harassed, and grabbed women. The women claimed that security staff were mute witnesses to the incident. After some students shared a photo of the ordeal on Instagram, it was revealed that security personnel did not do anything to put an end to unruly groups.
The Court of First Instance noted that the media reports indicate that certain persons have been apprehended but have subsequently been released on bail, and that it would be a miscarriage of justice to allow such potential leads to be ignored without thorough scrutiny.
The Supreme Court has said that a double pronged approach is needed in order to avoid any recurrence of such incidents. It is directed that, in order to increase police visibility and security during university events, a commissioner of police shall be appointed along with the vice chancellor of Delhi University. Secondly, the authorities of colleges and Delhi University would need to work in cooperation with the police for setting up protective measures ensuring student safety,” it said. In deciding a Public Interest Litigation (PIL) that requested a court-monitored CBI probe into the occurrence, the court issued the decision.
During the hearing, the Delhi Police’s counsel mentioned that they filed an “untraced report” in the trial court because no victim identified anyone involved in the alleged sexual harassment. An “untraced report” is used when an accused evades investigation or arrest. The students stated they were molested but didn’t provide statements to a magistrate due to moving on with their lives and family wishes against pursuing charges. The police examined CCTV footage outside the college gate but couldn’t identify the harassers. The court decided not to intervene further in the ongoing magisterial proceedings and no additional orders needed for the PIL. The police registered a case under IPC sections 452, 354, 509, and 34.
