Guwahati, Nov 6: After a seven-month delay, Nalbari Police Station has registered an FIR against Nalbari District Commissioner Varnali Deka following an order from Additional Chief Judicial Magistrate (CJM) P Goswami, who directed that an FIR be filed in response to allegations from Arpana Sarmah, the former Circle Officer of Paschim Nalbari Revenue Circle.
Sarmah accused Deka of harassment, public humiliation, and threats while she was on election duty during the last Lok Sabha elections.
The CJM’s order came after Sarmah’s initial complaint on May 8, which had not been acted upon despite follow-up requests to the Superintendent of Police and the Director General of Police. Sarmah ultimately filed a writ petition with the Gauhati High Court, which advised her to seek recourse through the jurisdictional magistrate. In response, the CJM found sufficient grounds for a cognizable offence and instructed the police to proceed with a formal investigation.
In her judgment, the court stated that the police had failed to fulfil their legal duties in addressing the allegations made by Sarmah. The court emphasized the necessity of registering an FIR and conducting a thorough investigation.
The court directed the officer-in-charge of Nalbari Police Station to register the case, carry out the investigation, and submit a final report promptly. Additionally, the Bench Assistant was instructed to retain a photocopy of the case records for future reference.
The case against Nalbari District Commissioner Varnali Deka stems from a complaint filed by Circle Officer Arpana Sarmah on May 8, a day after voting for the Lok Sabha elections in Nalbari.
In her complaint, Arpana Sarmah detailed her experience of alleged harassment by Nalbari DC Varnali Deka while on duty during the collection of EVMs, VVPATs, and other polling materials on the night of May 7, as per an official order. Sarmah alleged that, as she was performing her duties at the EVM Receipt Centre at Government Gurdon Higher Secondary School, Deka continuously harassed and verbally abused her in front of polling personnel. The altercation reportedly escalated when Deka publicly humiliated Sarmah over logistical challenges she faced regarding labour coordination and material handling.
Fearing for her safety, Sarmah attempted to document the situation using her mobile phone. According to her complaint, Deka then chased her near the counters of the 40-Tihu LAC, prompting Sarmah to leave the premises for her safety. She sought refuge at the Nalbari Police Station and filed an FIR at 2:09 a.m. on May 8.
Though a General Diary (GD) entry was made (GD No. 08), the police did not officially register the FIR. Sarmah subsequently emailed the Superintendent of Police (SP) on May 18, who informed her on May 28 that the matter was “under enquiry.”
Unsatisfied, Sarmah escalated her request to the Director General of Police (DGP) on May 21.
Receiving no progress, Sarmah filed a writ petition (WP(C) No. 4647/2024) before the Gauhati High Court. On September 13, the High Court advised her to approach a jurisdictional magistrate per the Sakiri Basu vs. State of UP (2008) decision, which addresses procedural recourse when FIR registration is denied.
Consequently, Sarmah filed her petition with the Additional CJM in Nalbari, seeking a directive for the police to register an FIR and initiate a formal investigation into her allegations.
In her order, Goswami emphasized that registering an FIR is a crucial first step in addressing criminal allegations, as it initiates the state’s criminal justice process. Goswami stated that the police are obligated to register an FIR and conduct a thorough investigation when cognizable offenses are alleged.
The court noted that although the police began an inquiry into Arpana Sarmah’s complaint against Varnali Deka, no results had been provided even after five months. Goswami criticized this delay as both unjustified and contrary to Supreme Court guidelines. She asserted that it is Sarmah’s right to have her FIR registered, and the police officer responsible must comply with this duty whenever information points to a cognizable offense.
In response to the allegations, Varnali Deka claimed that Sarmah had “neglected” her responsibilities during the Lok Sabha elections, allegedly leaving the central election management site at Government Gurdon Higher Secondary School at 2 a.m. without completing her assigned tasks. This abandonment of duty was the basis for Deka’s report, which ultimately led to Sarmah’s suspension.
Sarmah, in her own complaint, accused Deka of subjecting her to “extreme mental harassment” since January. She stated that she was under constant scrutiny, which she alleged was driven by Deka’s “malafide intentions to fix blames” on trivial matters. The ongoing stress compelled Sarmah to seek extraordinary leave without allowance from the Personnel Department on March 11, even suggesting that her letter could serve as a “resignation letter” if her leave was not approved.
However, Sarmah eventually withdrew this letter after receiving encouragement from colleagues, well-wishers, and the local MLA, Environment and Forest Minister Chandra Mohan Patowary.
“In the present case the date of occurrence is 08-05-2024 and the FIR was lodged by the complainant on the same day. It seems that even after expiry of 5 months the FIR has not been registered and the preliminary enquiry is also not completed,” the court added.
