In a significant legal development, the Gauhati High Court has discharged Congress legislator Jignesh Mevani from a serious charge of assaulting a woman police officer. The court, in a recent judgment, observed that continuing the proceedings under the stringent provision would amount to an "abuse of the process of law and miscarriage of justice."
The Core of the Court's Ruling
Justice Arun Dev Choudhury, in an order passed on November 28, 2025, partly allowed a petition filed by Mevani. The court discharged the Vadgam MLA from the charge under Section 354 of the Indian Penal Code (IPC). This section pertains to assault or use of criminal force against a woman with intent to outrage her modesty and carries a maximum punishment of five years' imprisonment.
However, the High Court did not interfere with the lower court's decision to frame charges against Mevani under the less severe Section 352 of the IPC. This section deals with assault or use of criminal force otherwise than on grave provocation, punishable with imprisonment up to three months or a fine of Rs 500, or both.
Background of the 2022 Case
The case stems from an incident that occurred in April 2022. Mevani was already arrested by Assam Police on April 21, 2022, in a separate case related to a tweet concerning Prime Minister Narendra Modi. While being transported from Guwahati to Kokrajhar in connection with that case, a woman police officer accompanying him alleged inappropriate behavior.
She filed a complaint leading to a second FIR on April 26, 2022. In her complaint, she alleged that Mevani used slang, pointed a finger to frighten her, pushed her on the seat with force, and touched her inappropriately, thereby outraging her modesty while she was on duty.
Court's Scrutiny of Evidence and Statements
The High Court meticulously examined the evidence, including the woman officer's statements in the FIR, and those recorded under Sections 161 and 164 of the CrPC. The bench noted a critical inconsistency. While the FIR mentioned inappropriate touching, this specific allegation was "conspicuously absent" in her more detailed statements recorded before a magistrate under Section 164 CrPC.
The court observed that the incident took place inside a moving vehicle where Mevani was seated in the middle of the back seat, flanked by the complainant and another police officer. The judge stated, "...mere feeling of being pushed in the course of travelling, without any act, gesture or circumstances indicating any intention with any sexual tone, does not fulfill the statutory requirement."
It further emphasized that the act itself must carry a sexual overtone, which was absent in this case. The court concluded that the materials on record failed to create even a "grave suspicion" of an offence under Section 354 IPC, warranting its discharge.
What Happens Next?
With this order, the serious charge under Section 354 IPC stands quashed. Mevani's advocate, Shantanu Borthakur, indicated that the trial will now proceed only concerning the minor charge under Section 352 IPC, unless the decision is challenged in the Supreme Court.
This case was one of two criminal proceedings initiated against the Gujarat-based MLA in Assam in 2022. The Gauhati High Court's ruling brings a partial closure to a politically charged legal battle, highlighting the judiciary's role in scrutinizing evidence to prevent misuse of legal processes.
