Lokenath holds the distinction of being the first ever NLU BALLB alum to be given a Vidhan Sabha election ticket from a major party. In addition to an FIR a letter has been written to BJP President JP Nadda.
In the TV9 video below, senior BJP MLA and party spokesman Samik Bhattacharya has said that Lokenath has resigned from all party posts.
Without commenting on the merits of the case, I just want to make a few neutral observations:
1. It is sad that a rising star in politics from an NLU background finds himself in this position. There are so few NLU alumni who have any political role of consequence. Brajesh Kalappa and Jaiveer Shergil left Congress after being ignored and are in the wilderness. Now this.
2. The complainant is himself a BJP leader in an important position. He has come out into the open with these charges despite the social stigma surrounding men who accuse fellow men of making advances, especially among conservative RW circles. Whether true or false, this case is not good optics for the BJP.
3. The case will have a major impact on state politics, as Lokenath has been arguing many matters in court involving corruption and violence by TMC leaders. He was also a rising star in state politics.
4. Politics aside, Lokenath also had a good chance of securing Senior Advocate status in future. He has strong connections even independent of politics. Not sure what happens now.
5. On the other side, it was wrong of TV9 to barge into Lokenath's house like that and hassle his elderly family members. The media can't behave like this.
Rising star in politics, lol! Nobody other than Bengal BJP gives him any importance, and that too because they don't really have any leadership, unlike BJP stronghold states.
All over the national media now. Links below. But there are some things I find a bit unclear in the complaint and which any defence lawyer would raise:
1. According to NDTV, the complainant says:
"He asked me if I was free and I said I was. He then informed me that we would leave on the 25th. I asked him if it was party work and he said 'yes, we will do party work and return'. I told my mother I would be travelling to Sikkim with my brother and return with him. When I reached the station, I realised his entire family was there. Everyone was booked in an AC compartment and I was booked in a non-AC coach," the complainant said.
How is this material to the case? Also, why did Lokenath invite his whole family if he was planning a sexual assault?
2. NDTV also reports:
- "His CISF guards held me by the collar and when I asked them why they were treating me like that, they said sir has ordered them to detain me. I asked them why will you detain me. But they made me sit in a car, seized my phone and bag," the survivor said.
Would someone involve CISF guards in a case of sexual assault, especially MSM sexual assault, considering the stigma?
3. The Print reports:
"Rakesh Kumar and Rahul (CISF personnel in charge of Lokenath’s security) made me alight from the vehicle and used criminal force to make me go down on my knees and put my hands behind my head. I was forced to remove my clothes with only my underwear on and was severely assaulted by accused Rakesh Kumar and Rahul. Then accused Rahul took out his service weapon from his waist and illegally shoved it into my mouth.”
Legally, is this sexual assault or just ordinary assault? Doesn't sexual assault involve an act of coerced sex? Is stripping someone naked, beating him and shoving a gun into his mouth a coerced sexual act, as opposed to ordinary assault? Thus, can the charges under the sexual assault-related IPC sections sustain in court?
Bhai bhai bhai. '[A]n act of coerced sex' is rape, i.e., sex sans consent. Reads Ss. 354 - 354B on outraging modesty of woman, sexual harassment (advances involving unwelcome and explicit sexual overtures), and forcibly disrobing a woman. This is very clearly sexual harassment, if the facts alleged are true. So, to answer your questions:
Is stripping someone naked, beating him and shoving a gun into his mouth a coerced sexual act, as opposed to ordinary assault? Yes. One does not even need to go into lengthy arguments - quite literally the law says that disrobing a woman and acts with sexual overtures are covered under sexual offences.
Thus, can the charges under the sexual assault-related IPC sections sustain in court? Yes. Padh toh lete sections bhai yeh likhne se pehle.
Read the news articles. The allegations sound ▮▮▮ to say the least and point towards a deal gone sour. But I am particularly appalled by the level of reporting. People criticize Godi Media but I feel the rot is deeper. Looks like journalists have degraded to professional touts and fixers. I hope Lokenath emerges out of this.
"Lokenath Chatterjee is an alum of the prestigious NUJS Kolkata. He had defended managers of websites & YouTubers exposing corruption and religious appeasement & discrimination from at least 2020. Few of his stature step up 4 these. Tolamulis have huge interest in taking him down. ...Loknath Chatterjee is innocent until proven guilty, like every one else. He needs to continue with his good work and BJP needs to stand with him. Tolamul has done enough dirty tricks in the past to smell a rat.... The complainant is called a “survivor” in the report. The term implies that his complaint is true, and therefore Lokenath Chatterjee is being presumed guilty at the get go. The news media in question Print has been pro TMC, so is its Calcutta correspondent, Shreyasi. Bias showing. The report also describes the account of the complainant as “damning”. There is an implication of guilt in the usage of the term. Innocent until proven guilty doesn’t apply for Lokenath Chatterjee. The correspondent Shreyasi is again showing her bias for TMC. .... Why “he” and not “she”? Lokenath Chatterjee is single and therefore it is also been implied that he is homosexual as there is a stigma around that in India. Few months back, same allegation was thrown at Suvendu Adhikari who is also single. This is a dangerous trend. If a man in public life is single, assassinate his character by alleging he is homosexual. It is character assassination in India given the social norms. An informal criterion for entering public life would therefore be that one, particularly for men, need to get married. This is incidentally aping Western societal norms and must be opposed. We have Sanyasis who are also in public life who are single as part of their monastic vows. If this norm is accepted for politicians, which itself is wrong, it would extend to Sanyasis. So stop it here & now."
This person Lokenath Chatterjee is back as BJP spokesperson. In India, politics is so messed up. You may commit a crime and get away with it so easily and everything will be back to normal.
no the case is still pending before the courts. But it has severely damaged Lokenath's reputation as a lawyer. I don't understand why he wants to come back to politics after having suffered so much
He was never suspended from his position as the head of BJP Legal Cell in WB. In a sense, he never really went away, apart from remaining hidden till he was granted anticipatory bail.
One of the charges against Shk Shahjahan (and I have no love for him/his party) has been rape/aggravated rape of a number of women of Sandeshkhali. If that became the snowball for his arrest, why shouldn't LC face arrest or at least serious police investigation.
It is the conduct of an otherwise overzealous KP that surprises me. What is the "setting"?
Because there are evidences and 100s of witnesses against ShahJahan. This is not the case with LC. U think the TMC Govt will wait a second before sending a BJP leader to the Jail especially after they failed to protect ShahJahan even after going to the Supreme Court?
Snitches get stitches. But that isn't case with BJP/TMC. Remarkable revolving doors.
LC and his family are well-networked. His aunts have been HC and SC judges. Dad was the GP or PP for the state in Cal HC during the Left regime. Political promiscuity is nothing new and friends in the right and high places.
The complaint, fake, genuine, half-truth et al, never had a chance.
Your comment is troll max and I am shocked that the mod allowed it. He has not been found guilty and it’s a trumped up complaint full of holes trying to smear a single man as gay (which he isn’t and even if he was that’s not a problem).
In the TV9 video below, senior BJP MLA and party spokesman Samik Bhattacharya has said that Lokenath has resigned from all party posts.
Without commenting on the merits of the case, I just want to make a few neutral observations:
1. It is sad that a rising star in politics from an NLU background finds himself in this position. There are so few NLU alumni who have any political role of consequence. Brajesh Kalappa and Jaiveer Shergil left Congress after being ignored and are in the wilderness. Now this.
2. The complainant is himself a BJP leader in an important position. He has come out into the open with these charges despite the social stigma surrounding men who accuse fellow men of making advances, especially among conservative RW circles. Whether true or false, this case is not good optics for the BJP.
3. The case will have a major impact on state politics, as Lokenath has been arguing many matters in court involving corruption and violence by TMC leaders. He was also a rising star in state politics.
4. Politics aside, Lokenath also had a good chance of securing Senior Advocate status in future. He has strong connections even independent of politics. Not sure what happens now.
5. On the other side, it was wrong of TV9 to barge into Lokenath's house like that and hassle his elderly family members. The media can't behave like this.
https://www.indiatoday.in/india/story/bengal-bjp-legal-head-lokenath-chatterjee-case-registered-alleged-sexual-molestation-2293738-2022-11-05
https://www.youtube.com/watch?v=jZoT-Uc87DM
1. According to NDTV, the complainant says:
"He asked me if I was free and I said I was. He then informed me that we would leave on the 25th. I asked him if it was party work and he said 'yes, we will do party work and return'. I told my mother I would be travelling to Sikkim with my brother and return with him. When I reached the station, I realised his entire family was there. Everyone was booked in an AC compartment and I was booked in a non-AC coach," the complainant said.
How is this material to the case? Also, why did Lokenath invite his whole family if he was planning a sexual assault?
2. NDTV also reports:
- "His CISF guards held me by the collar and when I asked them why they were treating me like that, they said sir has ordered them to detain me. I asked them why will you detain me. But they made me sit in a car, seized my phone and bag," the survivor said.
Would someone involve CISF guards in a case of sexual assault, especially MSM sexual assault, considering the stigma?
3. The Print reports:
"Rakesh Kumar and Rahul (CISF personnel in charge of Lokenath’s security) made me alight from the vehicle and used criminal force to make me go down on my knees and put my hands behind my head. I was forced to remove my clothes with only my underwear on and was severely assaulted by accused Rakesh Kumar and Rahul. Then accused Rahul took out his service weapon from his waist and illegally shoved it into my mouth.”
Legally, is this sexual assault or just ordinary assault? Doesn't sexual assault involve an act of coerced sex? Is stripping someone naked, beating him and shoving a gun into his mouth a coerced sexual act, as opposed to ordinary assault? Thus, can the charges under the sexual assault-related IPC sections sustain in court?
https://theprint.in/india/made-me-go-on-my-knees-bengal-bjp-leader-accuses-colleague-bodyguards-of-sexual-assault/1202478/
https://www.ndtv.com/india-news/youth-wing-member-alleges-sex-assault-by-bengal-bjp-legal-cell-chief-lokenath-chatterjee-3499349
Is stripping someone naked, beating him and shoving a gun into his mouth a coerced sexual act, as opposed to ordinary assault? Yes. One does not even need to go into lengthy arguments - quite literally the law says that disrobing a woman and acts with sexual overtures are covered under sexual offences.
Thus, can the charges under the sexual assault-related IPC sections sustain in court? Yes. Padh toh lete sections bhai yeh likhne se pehle.
https://twitter.com/sarkar_swati/status/1589661649006256128
"Lokenath Chatterjee is an alum of the prestigious NUJS Kolkata. He had defended managers of websites & YouTubers exposing corruption and religious appeasement & discrimination from at least 2020. Few of his stature step up 4 these. Tolamulis have huge interest in taking him down. ...Loknath Chatterjee is innocent until proven guilty, like every one else. He needs to continue with his good work and BJP needs to stand with him. Tolamul has done enough dirty tricks in the past to smell a rat.... The complainant is called a “survivor” in the report. The term implies that his complaint is true, and therefore Lokenath Chatterjee is being presumed guilty at the get go. The news media in question Print has been pro TMC, so is its Calcutta correspondent, Shreyasi. Bias showing. The report also describes the account of the complainant as “damning”. There is an implication of guilt in the usage of the term. Innocent until proven guilty doesn’t apply for Lokenath Chatterjee. The correspondent Shreyasi is again showing her bias for TMC. .... Why “he” and not “she”? Lokenath Chatterjee is single and therefore it is also been implied that he is homosexual as there is a stigma around that in India. Few months back, same allegation was thrown at Suvendu Adhikari who is also single. This is a dangerous trend. If a man in public life is single, assassinate his character by alleging he is homosexual. It is character assassination in India given the social norms. An informal criterion for entering public life would therefore be that one, particularly for men, need to get married. This is incidentally aping Western societal norms and must be opposed. We have Sanyasis who are also in public life who are single as part of their monastic vows. If this norm is accepted for politicians, which itself is wrong, it would extend to Sanyasis. So stop it here & now."
One of the charges against Shk Shahjahan (and I have no love for him/his party) has been rape/aggravated rape of a number of women of Sandeshkhali. If that became the snowball for his arrest, why shouldn't LC face arrest or at least serious police investigation.
It is the conduct of an otherwise overzealous KP that surprises me. What is the "setting"?
LC and his family are well-networked. His aunts have been HC and SC judges. Dad was the GP or PP for the state in Cal HC during the Left regime. Political promiscuity is nothing new and friends in the right and high places.
The complaint, fake, genuine, half-truth et al, never had a chance.