E-Paper
Madras high court rejects spl DGP’s plea to transfer sexual harassment case
Das said that the alleged crime occurred in Namakkal, Ulundurpet and Chengalpattu, thus putting the jurisdiction of CJM, Villupuram under question.
The Madras high court on Wednesday dismissed a plea by suspended Special Director General of Police (DGP) Rajesh Das challenging the jurisdictional competence of the Chief Judicial Magistrate (CJM), Villupuram to adjudicate upon a sexual harassment case filed by a female Indian Police Service (IPS) officer against him in February this year.
Das said that the alleged crime occurred in Namakkal, Ulundurpet and Chengalpattu, thus putting the jurisdiction of CJM, Villupuram under question.
Justice P Velmurugan dismissed the plea saying that the Chief Judicial Magistrate, Villupuram has got jurisdiction to proceed with the case. “Considering the facts and circumstances of the above-said case, this Court does not find any perversity in the order passed by the Chief Judicial Magistrate, Villupuram (which had previously rejected a similar petition, which the petitioner challenged at the high court). The petitioner at any point of time, on an earlier occasion, has not challenged the power of CBCID to investigate the matter,” the court said in its orders. “However, no prejudice would be caused to the petitioner.”
The state public prosecutor submitted that as per the order of the high court dated May 2010, the CJM court, Villupuram has been designated to exercise all or any of the powers of the Magistrate of First Class, under Section 14(1) of Code of Criminal Procedure 1973 to deal with the cases registered under the CBCID. “Therefore, the contention raised by the learned counsel for the petitioner is not legally tenable,” the court said. The CBCID has filed a charge sheet against him in the Villupuram lower court. The court also noted that in the suo moto hearing of the case where another justice Anand Venkatesh had taken up to monitor the investigation in the case had in August directed for the case to proceed on a day-to-day basis and dispose of the case within three months. It was posted for compliance with the report on December 23.
Das has been booked under section 354(A) (2), 341, 506(i) of the Indian Penal Code (IPC) and section 4 of Tamil Nadu Prohibition of Harassment of Women Act. The alleged crime took place when the previous chief minister Edappadi Palaniswami was on an official tour in February 2021.
