The Gauhati High Court has
issued a notice to the State of Assam and a complainant on the basis of a petition filed by a transgender beggar, seeking quashing of an FIR, police charge sheet and a local court order against her on charges of illegally collecting money in disguise of a transgender.
A single bench of the court comprising Justice Manash Ranjan Pathak issued the notice on Friday following a criminal petition filed by Md Hafizur Rahman, who claimed to be a transgender by birth.
On January 27 this year, one Md Aizuddin had lodged an FIR at Fakiragram police station in Kokrajhar district of lower Assam alleging that Rahman along with others was collecting money, illegally, in disguise as transgenders.
Rahman claimed that a group of locals had demanded
Rs 1.5 lakh in exchange of allowing her and the group to operate in the area.
She claimed that the locals beat them up and one of them (Aizuddin) filed a police complaint against her after she told them that she and her group were beggars and could not pay the amount.
On the basis of the FIR, a case under relevant sections of IPC was registered against Rahman in Fakiragram police station on charges of cheating by impersonating and criminal intentions.
Thereafter, the petitioner was arrested and the police submitted the charge sheet, dated January 31, in the Court of the Chief Judicial Magistrate, Kokrajhar, which sent her to 21 days judicial custody.
She was out on bail after completing the judicial custody.
Advocate Amit Goyal, appearing for Rahman, submitted before the high court that neither during investigation nor at the time of framing of charges was his client medically examined to confirm whether she was a transgender.
Only on the basis of the complainant's statements, the accused cannot be charge-sheeted and the charges cannot be framed against her, Goyal pleaded.
After hearing both the sides, the Gauhati High Court issued notice to the state government and the complainant, fixing the next date of hearing on February 7, 2019.
(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)