Calcutta High Court condemns Police for midnight calls, 2 AM visit to rape victim's residence; says such acts violate dignity

The Calcutta High Court recently deprecated the Kolkata Police for making midnight calls, emails and visits to a gang rape victim's residence [Court on its own motion vs State of West Bengal]..The division bench of Justices Joymalya Bagchi and Gaurang Kanth said that such acts violated the woman's right to dignity.The Court, therefore, condemned the conduct by police officers at the Lake Gardens and Narendrapur police stations. While investigating a gang rape case, these officers were stated to have visited the victim's residence at 2 AM and even made WhatsApp calls to her at midnight. Prior to visiting her house, the bench noted that the police officers had also sent an email at midnight to the victim.."Service of notice upon a victim of sexual offence via Whatsapp messages and police visits at her residence during midnight is a clear breach of her fundamental right to privacy and dignity," the Court held..The bench said they had never come across such a case, where police officers tried to persuade the Court that midnight knocks or WhatsApp calls were required to be made to female victims of a crime, especially in cases of sexual assault, in the interest of ‘investigation’ or the ‘interest of justice.’"In the name of recording the statement of the victim the latter was harassed through midnight Whatsapp calls and visit at her residence," the Court noted. .It further observed that the right to privacy and dignity of every individual, particularly a victim of sexual assault, is the cornerstone of a civilized society."The Investigating Agency which is duty bound to preserve, protect and champion the fundamental right of privacy of the victim appears to have encroached upon it themselves. This factual background shows brazen disregard to the rule of law, privacy and dignity of a victim of sexual offence," the Court added. .The Court opined that the errant police officers should ideally be ordered to pay compensation to the victim for breaching her privacy and right to dignity.However, the Court refrained from passing such an order after the victim expressed her desire to bury the issue with an unconditional apology from the police.The Court, therefore, disposed of the matter after ordering the officers-in-charge of the Lake Gardens and Narendrapur Police Station to issue separate written apologies to the victim for their conduct.The Court also ordered the two police stations to pay a notional compensation of ₹5,000 each to the victim for vindication of her rights..The Court was dealing with a case involving allegations that a man accused in a rape case had attempted to pressurise the victim to withdraw the case. Following this allegation, the accused was initially arrested on the orders of the trial judge. However, the police officers later released the accused from custody and bail was granted to him. At this juncture, the High Court initiated a suo motu case and asked the accused to explain why his bail should not be cancelled. .Pertinently, the High Court also pulled up the police for releasing the accused from custody despite the trial judge's earlier order. The police appeared to have overreached the judicial process by doing so, the Court said. The Court ruled that such release of the accused was illegal. .Nevertheless, the Court ultimately opined that it was inclined to confirm the accused man's interim bail since the victim's deposition was complete and since the accused did not breach any of the restrictions later imposed by the Court on his movement. .Advocate Rahul Ganguly appeared for the accused.Advocates Jhuma Sen, Dinesh Vishwakarma, Soumya De, and Masum Ali Sardar appeared for the victim.Public Prosecutor Saswata Gopal Mukherjee and Additional Public Prosecutors Neguive Ahmed and Rudradipta Nandy along with advocate Trina Mitra appeared for the State..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.