Propriety of Assam Government questioned for letting a person accused of rape continue as Minister in Cabinet
The Commission, by its order dated 9 April 2001, has asked the Chief Minister of Assam through its Chief Secretary as to the steps that have been taken regarding the continuance of a person accused of the offence of rape in the State Cabinet.
The Commission had earlier considered a complaint alleging that Shri Rajendra Mushahary, Minister of State, (WPT & BC), of the Government of Assam had raped a minor girl of class IX after she had been lured by his henchmen. The victim, who had allegedly been raped on two occasions had been threatened not to disclose the matter. But on becoming pregnant, a complaint was lodged in Gossaigoan Police Station of Assam. It was alleged that no action was taken by the police in this regard.
A report was called for from the Director General of Police, Assam. The report clearly named Shri Rajendra Mushahary, Minister in the State Cabinet as an accused in the offence punishable u/s 376 IPC, which had been registered and investigated. However, as Shri Mushahary continued to be a Minister in the State Cabinet, the Commission, by its earlier order of 26 February 2001, had asked the State Government as to what action it proposed to take regarding the continuance of the accused as a Minister. The Commission had felt that the continuance of such a person accused of a serious offence, as a Minister, ran counter to the basic rudiments of the rule of law. Hence, it had desired to know the answer of its query from the Chief Minister of Assam before considering the matter further.
A reply dated 7 March 2001 received from the Chief Minister of Assam, conveyed through his Chief Secretary, said that the Chief Minister would consider the further course of action only after completion of the investigation and DNA profiling. Expressing its uneasiness on the response of the Chief Minister, the Commission said that it was primarily for him to consider the desirability of continuance of a person, accused of the offence of rape, in the State Cabinet. However, in the face of the material already available including the report of the police wherein the Minister had been clearly named as an accused who had obtained interim bail from the Guwahati High Court, the propriety of the accused continuing as a Member of the Cabinet did assume considerable significance. The Chief Minister of Assam has thus been asked to give due weightage to this factor.
The Chief Secretary of Assam has been asked to bring this view of the Commission to the notice of the Chief Minister and keep the Commission informed of further progress in the matter.
The Commission had earlier considered a complaint alleging that Shri Rajendra Mushahary, Minister of State, (WPT & BC), of the Government of Assam had raped a minor girl of class IX after she had been lured by his henchmen. The victim, who had allegedly been raped on two occasions had been threatened not to disclose the matter. But on becoming pregnant, a complaint was lodged in Gossaigoan Police Station of Assam. It was alleged that no action was taken by the police in this regard.
A report was called for from the Director General of Police, Assam. The report clearly named Shri Rajendra Mushahary, Minister in the State Cabinet as an accused in the offence punishable u/s 376 IPC, which had been registered and investigated. However, as Shri Mushahary continued to be a Minister in the State Cabinet, the Commission, by its earlier order of 26 February 2001, had asked the State Government as to what action it proposed to take regarding the continuance of the accused as a Minister. The Commission had felt that the continuance of such a person accused of a serious offence, as a Minister, ran counter to the basic rudiments of the rule of law. Hence, it had desired to know the answer of its query from the Chief Minister of Assam before considering the matter further.
A reply dated 7 March 2001 received from the Chief Minister of Assam, conveyed through his Chief Secretary, said that the Chief Minister would consider the further course of action only after completion of the investigation and DNA profiling. Expressing its uneasiness on the response of the Chief Minister, the Commission said that it was primarily for him to consider the desirability of continuance of a person, accused of the offence of rape, in the State Cabinet. However, in the face of the material already available including the report of the police wherein the Minister had been clearly named as an accused who had obtained interim bail from the Guwahati High Court, the propriety of the accused continuing as a Member of the Cabinet did assume considerable significance. The Chief Minister of Assam has thus been asked to give due weightage to this factor.
The Chief Secretary of Assam has been asked to bring this view of the Commission to the notice of the Chief Minister and keep the Commission informed of further progress in the matter.