HC Kohima Bench declines interim stay of complaint and FIR against Nagaland IAS officer

April 17, 2025 10 Views No Comment

Morung Express News
Dimapur | April 17

The Gauhati High Court Kohima Bench (GHCKB), on April 16, declined to grant an interim stay on a complaint and FIR citing alleged sexual harassment against Reny Wilfred, a Nagaland-cadre IAS officer and Joint Secretary of the Investment and Development Authority of Nagaland (IDAN).

In a writ petition (criminal), the officer challenged a written complaint addressed to the Director General of Police (DGP) Nagaland by the Nagaland State Commission for Women (NSCW), and the subsequent First Information Report (FIR) registered on April 2, 2025 (No. 2/04/2025), based on the said complaint.

The petitioner’s counsel argued that the complaint does not disclose any specific offence against the alleged accused and that the allegations are vague and general in nature. It was further submitted that cognisance of any offence under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act), can only be taken by a Magistrate upon a written complaint by the victim or an authorised person. Therefore, the FIR registered by the police was contended to be without legal authority.

Accordingly, the petition sought quashing of the complaint and FIR or, in the alternative, interim relief in the form of suspension of the impugned complaint and FIR during the pendency of the petition, noting that the alleged accused is a serving government employee.

Opposing the plea, the State respondent argued that granting such relief would affect the momentum of the investigation currently in progress.

Justice Yarenjungla Longkumer, after hearing the parties, observed that the Court was not inclined to grant any interim stay at this stage and issued notices returnable within four weeks.

The Public Prosecutor was directed to produce the updated case diary on the next date of hearing. All respondents were granted liberty to file objections, if so advised.

The Court stated that the interim prayer would be considered at a later stage.