The Madras High Court, during the hearing of March 16, has strongly urged the state government to suspend the Special DGP, the main accused in the case, to instil more confidence in the perception of the general public, and also to ensure free and fair investigation. The court has been closely monitoring the proceedings in the case whereby a woman police officer of SP rank, had alleged sexual misconduct by Tamil Nadu’s Special Director General of Police (Law and Order).
The Investigation Officer of the case submitted a status report before the court stating that 68 witnesses have been examined by him, and the investigation is supervised by the Inspector General of Police, CBCID and monitored by the Deputy General of Police, CBCID.
Coming to the question of suspension of the main accused, the special DGP, Justice N Anand Venkatesh said, “Placing an officer under compulsory wait does not attach any stigma to it and such compulsory wait is resorted to only in cases where a government servant is not able to be accommodated in a suitable post or vacancy for extracting his services.” The court pointed out that an officer kept on compulsory wait, continues to be entitled for all the service benefits including allowances during this period and hence, cannot be considered as punishment. Further, the court observed that since investigation is being carried out by an officer subordinate to the special DGP, it will psychologically intimidate the officer from carrying on with the interrogation in a free and fair manner and thus the suspension of the accused holds significance.
The court observed in light of the “feverish attempt made to compromise the dispute” by intercepting the complainant on her way to the Headquarters, that the Special DGP should be suspended to ensure that the delinquent officer does not misuse his official position and the investigation can be carried out in a free and fair manner.
The court opined that it was closely monitoring the investigation because the case involves public interest, and also the dignity of the Tamil Nadu police force. The court observed that suspending the Special DGP “will bring in more confidence in the perception of the general public that the issue has been taken up with all seriousness and the investigation will progress in a free and fair manner”.
The court, finally, said that the sentiments expressed by should be given due weightage by the state, and necessary steps shall be taken, and reported before the court. The court has sought a report in this regard as also another status report from the Investigation Officer on the next hearing date, March 23.
Background
The court took suo moto cognizance of the case on March 1, and called it a “very shocking incident that may impact the women officers belonging to the Tamil Nadu Police Force”. While the court took note that FIR had been field in the matter and the officer who indulged in threatening the female officer was also named as accused, the court observed that mere registration of FIR does not take away the sordid state of affairs that is prevailing insofar as sexual harassment in workplaces are concerned.
During the previous hearing, on March 12, the court had questioned the government why the Special DGP, who is the main accused in the case, was not suspended when the SP who had allegedly intercepted the complainant’s vehicle and threatened her was already suspended? The court asked, “The SP was only an arrow, the Special DGP was the bow. But the arrow has been suspended, not the bow. Is the Special DGP so powerful that the State cannot suspend him?”
The complete order may be read here:
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