Supreme Court Advocate Vrinda Grover (left) and NSCW
Chairperson W Nginyeih Konyak addressing a press conference at Hotel Saramati,
Dimapur, on Saturday. (EM Images)
DIMAPUR — The
lawyer representing Nagaland State Commission for Women (NSCW) in the case
against IAS officer Reny Wilfred has criticised the delayed suspension of the
officer by Nagaland government.
Vrinda Grover, an advocate in the Supreme Court, also
highlighted systemic failures in addressing sexual harassment cases during a
press conference held in Dimapur on Saturday. The press briefing was delivered
following a hearing at the Kohima Bench of Gauhati High Court on May 23.
Wilfred was suspended on May 21 by the state government,
nearly two months after an FIR was filed against him for alleged sexual
harassment of female employees during his tenure as Joint Secretary of the
Investment and Development Authority of Nagaland (IDAN).
Grover, sat alongside NSCW Chairperson W Nginyeih Konyak,
questioned the timing and transparency of the suspension order.
She described the suspension order as a legal obligation
rather than a proactive step, stating, "There is nothing exceptional about
this suspension. This is what the law mandates."
She expressed alarm that no similar action had been taken
earlier during Wilfred’s involvement in the Noklak case, where he was
reportedly facing prosecution under the Protection of Children from Sexual
Offences (POCSO) Act for allegedly sexually abusing two minor girls.
“This is extraordinary. A civil servant facing criminal
prosecution under POCSO was not suspended. This has never happened,” Grover
said.
The advocate pointed out that the Conduct of Service
Rules—applicable to all civil servants nationwide—mandate suspension in cases
involving serious misconduct or criminal allegations. She argued that Wilfred’s
actions were not just administrative violations but criminal offences.
“If the government had acted earlier in accordance with the
law and policy, could other women’s dignity have been protected?” she
questioned.
The NSCW lawyer further criticised the vagueness of the May
21 suspension order, noting that it had failed to specify the charges against
Wilfred. “A civil servant facing allegations involving moral turpitude must be
suspended during the investigation. This is not discretionary—it is mandatory,”
she asserted.
The order, issued by the Under Secretary to the government
of Nagaland, cited charges under several sections of the Bharatiya Nyaya
Sanhita (BNS), including Section 74 (assault or criminal force to a woman),
Section 75(2) (penalty for sexual harassment), and Section 79 (offences related
to insulting the modesty of a woman).
According to Grover, the case highlights broader structural
issues in handling sexual harassment within public institutions. Despite
landmark legal frameworks such as the Vishakha Guidelines (1997) and the POSH
Act (2013), she noted that compliance remains inconsistent, even more so in the
formation and functioning of Internal Complaints Committees (ICCs).
She also flagged the absence of Vulnerable Witness
Deposition Centres (VWDCs) in Nagaland, describing it as a serious
infrastructural gap that compromises survivor protection.
“These centres are essential to prevent victims from facing
direct confrontation with the accused during court proceedings,” she stated,
referencing the 2022 Supreme Court judgement in Smruti Tukaram Badade vs State
of Maharashtra, which reinforced the right to safe and dignified testimony for
vulnerable witnesses.
Providing details of the May 23 hearing, Grover said that it
involved a writ petition filed by Wilfred seeking to quash the FIR dated April
2 as well as to obtain an interim stay on its proceedings.
However, the matter was adjourned after Wilfred’s senior
counsel was reportedly unavailable due to bereavement.
Grover clarified that their reply filed before the court
clearly stated that this was not a case where FIR quashing is warranted, citing
well-established legal precedents from the Supreme Court.
She also expressed concern over Wilfred naming three NSCW
members as individual respondents in his petition. “This is not just
improper—it’s a deliberate attempt to intimidate and derail the Commission’s
efforts. But let me make it clear: the Commission is not intimidated. It is
fulfilling its constitutional duties,” she asserted.
Grover called for robust institutional reforms, including
the establishment of juvenile police units at every police station, as mandated
under the POCSO Act. “These units are essential to ensure that police officers
handling such cases are trained in child protection laws,” she said.
