High Court Dismisses Plea By Former Tamil Nadu DGP To Transfer Appeal In Sexual Harassment Case To Another Court

Justice Anand Venkatesh dismissed the plea and observed that there was no prima facie materials to order a transfer. The court also directed the lower appellate court to complete the hearing in the appeal by January 24th, 2024 and pass orders on merit as expeditiously as possible.

The court noted that no grounds raised by Das warranted transfer of the case and in fact Das, in his own accord was trying to create an impression that there was reasonable apprehension. 

"If the facts of this case and the grounds raised by the petitioner is put before a reasonable man, he will come to a conclusion that such an apprehension raised by the petitioner is his own making and that there is no ground to infer that there is a likelihood of bias on the part of the lower Appellate Judge. This Court does not find any merits in this petition and the relief sought for by the petitioner cannot be granted by this Court," the court observed. 

In June this year, the Chief Judicial Magistrate, Villupuram had convicted Das of sexual harassment and sentenced him to three-year imprisonment and fine. Das, who was a Special DGP in the state, had sexually harassed a woman Superintendent of Police while on duty in 2021.

Background

The woman officer had complained to the Director General of Police, Chennai, alleging that she was sexually harassed by the Special DGP in his official car while they were on their way to Ulundurpet District on official duty on February 21, 2021. Thereafter, an FIR was registered by CBCID against the Special DGP and Superintendent of Police, Chengalpet, for offences under Sections 354A(2), 341, 506(1) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1998.

The Madras High Court in 2021 had taken suo moto cognizance of this issue, calling it "shocking" and "monstrous" impacting the women officers belonging to the Tamil Nadu Police Force. The court had also strongly criticised the incident and noted that it was an extraordinary case which necessitated monitoring of the investigation. Following the court orders, the Tamil Nadu government had suspended the officer.

Later, in a plea by Das seeking transfer of trial, the Supreme Court closed the suo moto case registered by the High Court for monitoring the investigation and ordered that the trial court consider the matter on its own merit without being influenced in any manner by all the previous orders passed by the High Court.

In his plea for transfer of appeal, Das contended that the appellate judge could be influenced by the adverse publicity that the case has received. He added that the appellate judge had even fixed a date for pronouncing judgment without hearing Das's side. 

Thus, claiming that the appellate judge did not inspire confidence to have a free and fair mind, Das sought for a transfer.

On the other hand, the Additional Public Prosecutor submitted that Fas was merely trying to drag on the proceedings. It was also submitted that Das was given reasonable opportunities but was not willing to argue the criminal appeal. 

Counsel for Petitioner: Mr.V.Prakash Senior Counsel for Mr.M.Vijaya Mehanath

Counsel for Respondent: Mr.A.Damodaran Additional Public Prosecutor

Citation: 2024 LiveLaw (Mad) 11

Case Title: Rajesh Das IPS v. State

Case No: CRL OP 28715 of 2023