Relief for Former Sikkim CM Pawan Chamling in POCSO Case

The case was filed by the State of Sikkim under various provisions of the POCSO Act, 2012 and the IPC.

In a major legal development, the Special Judge of the POCSO Court in Gangtok discharged former Sikkim Chief Minister Pawan Kumar Chamling from all accusations in Sessions Trial (POCSO) Case No. 18 of 2024. The case was filed by the State of Sikkim under various provisions of the POCSO Act, 2012 and the IPC.

On April 23, Special Judge K.W. Bhutia passed the discharge order, stating, “Being satisfied that there is no sufficient ground for proceeding against accused no.2, he is discharged (from all the accusations) in terms of Section 227 of the Criminal Procedure Code, 1973.”

The prosecution alleged that co-accused Manika Pradhan posted a video of a 15-year-old girl’s dance performance on social media with captions claimed to be defamatory. Further, the prosecution claimed that Chamling, during a public speech at the SDF Party Office in Gangtok on June 26, 2023, made derogatory remarks comparing the performance to a “cabaret dance.”

However, the Court found that the only evidence against Chamling was a 26-second video clip submitted in a pendrive. Judge Bhutia expressed concern over the lack of full context. He said, “It would be noticeable that this 26-second video clip has been extracted from a long speech of accused no.2… To understand in what context accused no.2 was making the above statement, I requested the prosecution to file the entire length of his speech and not only the short clipping. However, the prosecution would say that they do not have the entire records.”

The Court noted that without the full video, it would be improper to assume Chamling’s intent or context. Judge Bhutia stated, “Under such circumstances, would it be proper to proceed ahead on a presumption that accused no.2 made the speech in the context of a child dancing in a social function? To my understanding, it would be wrong to proceed further on this assumption only to conclude at the end that we were mistaken.”

Based on this reasoning, the Court ruled that there was not enough material to frame charges under the POCSO Act or the IPC against Chamling. It also clarified that defamation cannot be the subject of an FIR, but must instead be addressed through a private complaint before a Magistrate.

Meanwhile, the Court framed charges against accused no.1, Manika Pradhan, under Section 23(1) punishable under Section 23(4) of the POCSO Act, and Section 509 of the IPC. She pleaded not guilty and claimed trial. The Court will begin examining prosecution witnesses on May 20.

Also Read: Sikkim Records 811 Suicides in 3 Years From 2022 to 2024: Official Data

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