Guwahati: A local court has ordered the registration of an FIR against Nalbari District Commissioner Varnali Deka following a complaint filed by a Circle Officer.
The complainant, Arpana Sarmah, had earlier alleged harassment and intimidation by the DC during a night shift at an EVM receipt centre.
The incident occurred on May 7, 2024, and a complaint was filed with the Nalbari Police Station the following day.
However, it was alleged that despite the complaint being filed, the FIR was never registered.
Sarmah had then approached the court regarding the FIR.
P Goswami, Additional CJM, Nalbari, citing the Supreme Court's ruling in Lalita Kumari vs State of UP, stated the mandatory nature of FIR registration for cognizable offences.
The order sheet from the Magistrate's records read, "When the complainant was being continuously harassed and was being followed with the intention to intimidate her on the night of 07-05-2024 and in view of the harassment she had been facing, she tried to record the circumstances in her mobile phone and thus she continued to record when the accused was humiliating her at about 1:45 AM of 08-05-2024."
"The accused tried to chase the complainant in the EVM Receipt Centre premises near the counters of 40- Tihu LAC and having no other alternative, the complainant had to leave the EVM Receipt premises for the sake of her safety of her life at about 1:50 AM and had to take shelter at the Nalbari Police Station and had lodged an FIR on 08-05-2024 at 2.09 AM before the Officer-in-Charge, Nalbari Police Station which was duly received by him", the order sheet added.
The order further read, "From the perusal of the complaint petition it is clear that the FIR lodged by the complainant was not registered by the OC concerned and she approached the SP concerned vide her e-mail dated 18-05-2024 and SP concerned informed her that an enquiry is pending vide e-mail dated 28-05-2024."
It added, "After exhausting all the available means the complainant approached the Hon’ble Gauhati High Court and as per direction of Hon’ble High Court, the complainant has approached this court u/s 156(3) CrPC."
It stated, "An FIR is the first step against any sort of criminal activity. It triggers the criminal justice machinery of the State into motion. As such registration of an FIR is mandatory. Police is duty bound to make a proper investigation and proceed as per the result of the investigation done."
The court further directed the concerned police station to register the FIR and conduct a thorough investigation.
It may be mentioned that Arpana Sarmah was suspended on May 15.
The FIR filed by CO Arpana Sarmah against DC Varnali Deka in May
The suspension order, signed by Principal Secretary of Revenue, Gyanendra Dev Tripathi, cited Sarmah’s “reported abandonment of election duties, insubordination, disruptive behaviour, and utter negligence in works related to Lok Sabha elections.”
The Chief Electoral Officer of Assam informed that the Election Commission directed Sarmah’s suspension.
The commission had also recommended the initiation of departmental proceedings against her.
“During the period of suspension, the headquarters of Ms Arpana Sarmah, ALRS, will be at the Office of the Director of Land Records and Surveys, Rajah Nagar, Rupnagar, Guwahati, and subsistence allowance shall be paid as admissible under rules”, the order added.
It may be mentioned that prior to the suspension, Aparna Sarmah accused DC Deka of subjecting her to mental harassment.
According to Sarma’s complaint filed at Nalbari Sadar police station, she has endured severe mental distress since January 24, 2024, following an incident related to the procurement of gamosa for freedom fighters.
Sarma alleges that DC Deka has been continuously scrutinizing her with malicious intent, seeking to assign blame on the flimsiest of grounds.
The situation escalated on Tuesday, May 7, 2024, when DC Deka purportedly humiliated Sarma in the presence of other officers, using derogatory language while she was performing poll duty in Nalbari town.
This isn’t the first instance of controversy surrounding DC Deka.
In January 2023, she was accused of assaulting an employee at the District Commissioner’s office in Kokrajhar, western Assam.
Deepak Das, a fourth-grade employee, suffered injuries after being slapped and having a lunch box thrown at him by Deka, allegedly due to it not being in a carry bag.
