AB NAME WITHHELD AND Vs. STATE OF ORISSA

JUDGEMENT

(1.) On 26-7-1999, some local dailies reported the existence of a sex racket involving high officials, in which a P. T. I. of an institution at Balasore was luring young girls on false pretence. In particular, the headlines in the Sambad, screamed thus :-"Krida Sikhyatrinka Dwara Mahila College Ka Sex Racket, Bahu Ucha Padasta Adhikari Jadita Chakiri Lobha Dekhai College Chhatrinku Officeronka Dharshan Udyam."Said report created a sensation and social workers and students became agitated and wanted prompt action. It has come on record in one of the writ applications (O. J. C. No. 9456 of 1999) that on receiving a telephonic message from one Gourisankar Panda of Balasore that a student of Kuntala Kumari Sabat Women's College has been abducted and taken by the P. E. T. to Bhubaneswar where attempts were made to use her for immoral purpose, she, i.e. the Chairperson of the State Commission for Women, went to Balasore to enquire into the matter. After conducting an inquiry into the alleged complaint in which she collected information from various persons including the staff of the college, she prepared a preliminary report and forwarded the same to the Chief Minister, Minister, Women and Child Development Minister, Home Department Minister, Higher Education, Chief Secretary, Secretary, Home Department, Secretary, Women and Child Development Department, Director (S. W.), Collector, Balasore, S. P. Balasore and S. P. Khurda, with a request for taking up appropriate action. In the meantime, the agitated inhabitants and students of the local area observed a "Bandh" and called upon the authorities to take up stringent action against those involved in such a sordid affair. Sufficient heat was also generated in the Assembly during its sitting and on 27-7-1999, the then Chief Minister made a statement on the floor of the House that the State Government had directed the Crime Branch to investigate into the matter and to treat the copy of the report of the Chairperson of the State Commission for Women, Orissa, as an F. I. R. The same day, Shri A. K. Tripathy, Home Secretary, addressed a letter to Shri Janardan Singh, Additional D. G.-cum-I.G. of Police, C. I. D., Crime Branch, for treating the report of the Chairperson of the Commission as an F. I. R. and for taking necessary action thereon. On receiving the letter, Shri Janardan Singh endorsed the same for registering a case and forwarding it to the Crime Branch for taking up an investigation. Meanwhile, on the basis of the direction of the Government in the Education Department, the incident was also enquired into by the Regional Director of Education, Orissa, who had conducted a spot inquiry at Balasore in which statement of the teaching and non-teaching staff of the college in question were recorded. The incident was also inquired into by Mr. S. Ch. Mohapatra, Deputy Superintendent of Police, C. I. D., Crime Branch, Cuttack, who had submitted a detailed reporton 12-8-1999 to Mr. Janardan Singh, who in his turn had forwarded the same to Mr. A. K. Tripathy, Principal Secretary to Government, Home Department. The above facts are borne out from the record which has been placed before us by the State counsel at the time of hearing.

(2.) While the public clamour about the sex scandal was gathering momentum, a letter dated 29-7-1999 written by AB (name withheld) addressed to "The Hon"ble Acting Chief Justice, Orissa High Court, Cuttack" was received by the Acting Chief Justice which was ordered to be registered as a writ petition (O. J. C. No. 9456 of 1999). In the said letter, the following prayer was made :

(3.) On notice being served, a counter was filed by Smt. Lopamudra Mohanty, Chairperson, State Commission for Women, Orissa, to which a rejoinder was filed by AB praying that the report of the Chairperson be quashed, action be taken against the Chairperson and compensation be awarded to her (AB) for loss of reputation. However, no counter affidavit was filed by the Secretary to the Government of Orissa, Home Department, in reply to the application filed by AB.