NE LEGAL BUREAU
CHENNAI, MAR 1
The Madras High Court will monitor the probe into the sexual harassment case against a Special DGP rank official in Tamil Nadu, saying it has to do so to ensure that the fundamental rights of the victim to a free and fair investigation is not reduced to an empty ritual. The court said there is a “faulty gene” in men which sometimes makes them think that a woman is subordinate to them and that at times she can even be treated like “chattel.”
“If an officer, due to the power he wields, thinks that he can get over with his power and connections, from any act, this Court is not going to be a mute spectator and this Court will step in and ensure that the rule of law is preserved,” Justice N Anand Venkatesh said.
In his interim order, the judge also directed that the names of both the accused and the victim shall not be publicised and also expressed concern over a woman officer being forced to undergo such an experience.
The court took up on its own the case against the Special DGP level official, now placed under ”compuslory wait,” after the CB-CID filed an FIR, slapping sections including sexual harassment and criminal intimidation.
“This Court shudders to think as to what would have happened if the victim was an officer belonging to a lower cadre as that of a Sub-Inspector or Constable of Police.”
“Probably, it would have become impossible for such an officer to have even given a complaint in this case. If that is the position in which lady officers are placed, it is hard to think as to what will happen if such a sexual harassment had taken place on an ordinary lady with no background,” the judge noted. Recalling from the chain of events, the court said during a travel towards Ulundurpet when the officials were on duty, the “Special DGP is said to have indulged in sexual harassment of the lady officer.”
“The complaint reads as if the officer was trying her best to wriggle out of the situation. The harassment suffered by the victim officer went to a point where she was left with no option but to hurriedly leave to Ulundurpet in the available car..” the court said.
An SP level official and two policemen later tried to prevent her from proceeding to Chennai to file a complaint.
“The victim officer in this case is a high-ranked police officer of the State Police. It took so much of struggle, for a police officer of that rank, even to give a complaint to the DGP,” the judge noted.
This was “an extraordinary case” where the Court was required to step into monitor the investigation to ensure it progresses on the right lines.
“This Court is required to step into monitor the investigation, thereby ensuring that the fundamental rights of the victim to a free and fair investigation is not reduced to an empty ritual,” the judge added.
The Additional Advocate General submitted that since the Court had decided to monitor the investigation, periodical status reports will be filed by the Investigating Officer.
In order to ensure free and fair investigation, the court restrained all political parties from “politicising and/or publicising” this case and no statements must be given by such parties in the media.
“The name of the victim officer, the accused person and the witnesses shall not be used or exchanged through any media, pending investigation in this case,” the court said.
The state government has also constituted a woman IAS official headed six member committee to probe the allegations of sexual harassment against the officer.
