The
Gujarat High Court has directed a thorough investigation into the alleged rape and sexual harassment case against Rajiv Modi, the Chairman and Managing Director of Cadila Pharmaceuticals Limited, based in Gujarat. The court, on Friday, overturned the order of the Chief Judicial Magistrate, which had initially refused to entertain the victim's plea for the registration of an FIR.
The High Court's order mandates the magistrate to lodge an FIR promptly and initiate a probe under section 156(3) of the Criminal Procedure Code (CrPC). Furthermore, the court has instructed that a senior IPS officer should lead the investigation, emphasizing the need for a swift resolution. The court has set a timeline for the completion of the probe within two months.
The case dates back to November of this year when a 27-year-old Bulgarian flight attendant, employed by Cadila Pharmaceuticals, approached the High Court seeking the registration of an FIR. The victim alleged that Rajiv Modi had passed a 'sexual comment' and sexually harassed her during a trip to Rajasthan in February 2022.
Despite initially filing a complaint with the city police, the victim claimed that no FIR was registered against Modi. As per the Gujarat High Court order copy, the victim then wrote her embassy as well as Foreign Regional Registration Offices (FRRO) and the police commissioner as well. Thereafter, in April 2023, the victim alleged being pressured to withdraw her complaint. Subsequently, she approached a local magisterial court seeking direction for the police to take action.
The Chief Judicial Magistrate had rejected her plea on October 3, citing a past "compromise" between the woman and the company, which was not disclosed in her complaint to the court.
The High Court strongly criticized the magistrate and the police authorities for their handling of the case, pointing out irregularities and lapses in the investigation process.
The court in its order observed that, though the Magistrate was duty bound to conduct the inquiry independently, considering the nature of allegations, he did not follow the proper course of law.
HC also acknowledged victim’s contention that the police accepted her settlement affidavit regarding her salary payment, which did not pertain to her allegations of sexual assault.
"One surprising and disturbing fact is noticed i.e. the learned Magistrate himself has taken the cognizance and kept the matter to record verification of the complaint and recorded the verification of the complainant and directed the complainant to produce her evidence in the inquiry proceeding" the court order said.
"While the complaint was prima facie disclosed cognizable and non-compoundable offences including allegation of human trafficking, then it was the duty of the police to thoroughly and impartially investigate the allegations more particularly in the case of human trafficking, the consent of victim is immaterial. Considering the aforesaid fact, prima facie it appears that the respondent authority has failed to investigate the allegations made in the complaint. Only few bold and courageous victim get ready to take a torment and start legal battle. Considering the prevailing scenario, police authority and learned Magistrates ought to have dealt with such complaints in sensitive manner" the order further read.
The court said, "going through the record & proceedings of the inquiry, many irregularities are noticed with regard to the procedure adopted by the learned Chief Judicial Magistrate while conducting inquiry proceedings….the learned Magistrate does not give ample opportunity to lead evidence and denies an opportunity to produce witnesses in order to substantiate allegations made in the complaint and on the other hand says that complainant has not produced any evidences."
‘Magistrate has not followed the position of law and committed an error in dismissing the complaint,’ it said.
Commenting on the lax probe conduct by the police, the court said highlighted the apparent failure of the police to take prompt and appropriate action, especially in light of the serious nature of the offenses disclosed, including rape and human trafficking, both of which are non-compoundable.
The HC ordered the Chief Judicial Magistrate, Ahmedabad (Rural) to pass an order of investigation by the competent police officer under Section 156(3) of the CrPC. "Having regard to the facts and circumstances of the case including the need of fair investigation, the investigation shall be completed within 2 months under the supervision of Senior IPS Officer to be nominated by the DIG, State (Law & Order)," the court said.
In response to the court's directive, the Pharma company's spokesperson commented, "We are neither aware nor party to the proceedings. We have not been issued any notice. We shall respond as and when we receive the same."
