SHILLONG : Police have decided not to arrest senior advocate A.H. Hazarika at this stage in the sexual molestation case filed by a law intern, saying the law does not require an immediate arrest for offences carrying a sentence of less than seven years unless investigators find it necessary.
Instead, the accused has been served a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), directing him to cooperate with the investigation. His statement has already been recorded.East Khasi Hills Superintendent of Police Vivek Syiem said the investigation is progressing and there is currently no legal requirement to take Hazarika into custody.
“The law doesn’t call for an automatic arrest in every case. We’ve questioned him, recorded his statement and the investigation is moving forward,” the SP said.
Section 35(3) of the BNSS requires police to issue a notice asking an accused person to appear before the investigating officer instead of making an immediate arrest in offences punishable with less than seven years’ imprisonment, provided custodial interrogation is not considered necessary.
Police also pointed out that the alleged offence carries a maximum punishment of three years and that the accused is 65 years old.The case stems from an FIR lodged at Sadar Police Station by a law intern who had recently joined Hazarika’s chamber on Keating Road.
According to her complaint, she was asked to collect case books from another room on Tuesday afternoon. She alleged that while she was inside, the advocate entered the room, held her against her will and sexually molested her. After managing to free herself and leave, she claimed the advocate again touched her inappropriately when she returned to collect another book. The complaint further alleges that he later offered her ₹500, which she refused before leaving the office.
While the criminal investigation continues, the case has also triggered strong reactions within the legal fraternity. The Shillong Bar Association has begun disciplinary proceedings against Hazarika by issuing a show-cause notice and suspending his membership pending the outcome of the police investigation and proceedings before the State Bar Council’s disciplinary committee. Both the Shillong Bar Association and the High Court of Meghalaya Bar Association have strongly criticised the public humiliation of the accused after videos surfaced showing him being paraded through Shillong with his hands on his ears before being handed over to police.
The High Court of Meghalaya is scheduled to hear the matter on Friday after the High Court Bar Association raised concerns over the incident. While the court is expected to examine the legality of the public parading, the police investigation into the molestation allegations remains underway.