Delhi Court upholds order framing of charges against social media member of Congress

In July 2018, The police arrested Chirag Patnaik, an official of the Congress party's Social Media and digital communications cell after a former colleague accused him of sexually harassing her

New Delhi: A Sessions Court of Delhi has upheld the order of framing of charges for outraging the modesty of women to be framed against Chirag Patnaik who was part of the social media team of the Indian National Congress.

The Sessions court in an order passed on August 23, 2023, accepted the argument of Ashish Dixit, Advocate who represented the Complainant and held that “any annoyance caused to a female (complainant/victim) due to the unwelcome advances of a male, cannot be called a ‘slight harm’, for which a female of ordinary sense and tamper should not complain.” The sessions Court said, this court does not find any reason warranting interference in the impugned order. Accordingly, the present revision petition is dismissed.

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The accused recently moved Sessions Court against a Magistrate Court order dated April 16, 2022, where it was held that a charge for the offence punishable U/s 354/509 IPC was made out against the revisionist/accused. It was further held that no charge for the offence punishable under section 354-A of the Indian Penal Code (IPC) is made out against the revisionist/accused.

In July 2018, The police arrested Chirag Patnaik, an official of the Congress party’s Social Media and digital communications cell after a former colleague accused him of sexually harassing her. Later Patnaik was released on bail.

According to the complaint, it was stated that the complainant was working as Social Media Manager, in the social media cell of a National Level Political Parties. Divya Spandana is the Chairperson of the Cell. The accused Chirag Patnaik is the aide of the Chairperson. It is alleged that the accused/revisionist on many occasions made the complainant uncomfortable with his frequent immoral behaviour and violation of the personal space of the complainant.

Between April 4, 2018, to May 23, 2018, on many occasions, upon the pretext of checking the tweets, the accused violated the personal space of the complainant and came too close to her. The accused used to ‘encircle’ the complainant from behind, stated the complaint.

“The accused used to exhale into the breathing space of the complainant. The accused tapped on the shoulders and hands of the complainant without any reason. The accused used to gaze at the body contours of the complainant,” the complaint added.