Madras High Court Refuses To Stay Conviction Of Former TN DGP Rajesh Das In Sexual Harassment Case

When Das pleaded for staying this sentence, Justice Nirmal Kumar said that he could not stay the conviction in a criminal revision and observed that such a prayer could be heard only in an appeal against the conviction.

In January, this year, the court dismissed his plea to transfer the appeal observing that there were no prima facie materials to order the transfer. While dismissing his plea, the court noted that there were no grounds warranting the transfer of the case and added that Das was trying to create an impression that there was a reasonable apprehension.

Background

A 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.

A Committee was also constituted to enquire into the sexual harassment complaint given by the woman officer. She had also alleged that the Special DGP and others prevented her from filing a complaint.

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.

While the High Court was continuing to monitor the investigation, Das moved the Supreme Court seeking to transfer the trial out of Tamil Nadu.

The Supreme Court, then, 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.

Citation: 2024 LiveLaw (Mad) 70

Case Title: Rajesh Das v State

Case No: Crl RC 228 of 2024