Mumbai court accepts police closure report in Islam Gymkhana molestation case

The Metropolitan Magistrate’s Court at Esplanade, Mumbai, this week accepted a B Summary report filed by the Marine Drive police, effectively closing the molestation and harassment case reported by a woman member of Islam Gymkhana in October 2022.

A B Summary is a closure report indicating that the police have found the complaint to be frivolous, false, or malicious, stating that no offense was committed by the accused or anyone else, thereby negating the merit of the case.

The Additional Chief Judicial Magistrate, K S Zanwar, had received the police report on May 6, 2023, and subsequently issued notices to the complainant to file any protest petition against the closure.

However, the court noted that despite repeated summons dated July 20 and August 8, the complainant neither appeared in court nor responded via video conferencing, nor did she file any protest petition. Accordingly, the court allowed the police closure report.

The complainant had alleged that on the evening of October 21, 2022, at around 7:40 pm, while she was changing in the spa’s changing room at Islam Gymkhana, one of the accused entered forcibly, pushed her, and verbally abused her and her father. She claimed that another accused also misbehaved and pushed her. An FIR was registered under sections related to outraging the modesty of a woman, criminal intimidation, and related offenses.

Sunil Pandey, advocate representing Islam Gymkhana, stated that the complaint was politically motivated, coinciding with the gymkhana elections. He added that a special committee headed by former Bombay High Court judge Justice Abhay Thipsay had conducted an inquiry, which supported the police’s findings.

Investigating Officer Ankita Mane’s B summary report highlighted serious contradictions in the complainant’s statements, discrepancies with CCTV footage, and the absence of corroborative witness testimonies. The report noted it would have been difficult for the accused to enter the locked changing room forcibly.

Statements were recorded from several gymkhana members and staff, including the general manager, coordinator, receptionist, and cleaning staff, all of whom denied witnessing any assault. Instead, they said the complainant and her father remained in the spa room for an extended period, insisting on using the jacuzzi, while other members repeatedly requested them to leave.

The CCTV footage provided by the gymkhana showed the complainant calmly sitting in the spa room and later exiting while conversing with others, including the accused, contradicting the allegations.

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