Chennai: Observing that the insensitiveness shown by the authorities on receipt of a Sexual Harassment complaint from Superintendent of Police H. Jayalakshmi against S. Murugan, Joint Director, DVAC, cannot be appreciated by this court, the Madras high court has said registration of an FIR is not infirm and the same is in accordance with law and further investigations and prosecutions are certainly warranted in view of the fact that the allegations set out in the complaint is serious in nature.
Justice S. M. Subramaniam made the observation while giving several directions to the Internal Complaints Committee and the CBCID dealing with the sexual harassment complaint from Jayalakshmi. The judge said the action under the Sexual Harassment Act by the employer is independent and the complaint registered under the IPC is also independent.
In other words, two fold actions are permissible with reference to the sexual harassment complaint.
The employer is empowered to constitute the ICC and proceed with the inquiry and based on the report, initiate all further actions under the provisions of the Act as well as under the Services Rules in force. That apart, the FIR registered by the CBCID under the IPC must be proceeded with separately and criminal trial must be conducted in accordance with law. Two separate actions are independent, unconnected and permissible, the judge added.
The judge said as far as the person against whom the complaint was made, registration of an FIR was also a ground to initiate departmental disciplinary proceedings.
Thus, if the investigation was commenced by the CBCID police, then all appropriate actions were to be initiated under the relevant Service Rules, enabling the Investigating Officer as well as the ICC to proceed with the matter in an unbiased manner and fairly. All such required actions were to be initiated by the State as well as the Head of the department to conduct free, fair and unbiased inquiry and investigations were done properly, the judge added.
The judge said when a woman police officer in the rank of SP, making such a statement, this court was of the considered opinion that such a statement requires a serious consideration warranting deeper inquiry and appropriate action against the person, the allegation was made. “On a plain reading of the complaint itself is sufficient to note that the allegations raised are affecting the modesty of a woman and therefore, registration of a criminal case under the IPC is just and necessary. The complainant, beyond her capacity as an IPS level officer, basically she is a citizen of this great nation.
Thus, registering of a criminal case is her fundamental right ensured under the Constitution of India. Such a valuable right cannot be taken away by interpreting the provisions of the Sexual Harassment Act, that it is a pre-condition to conduct an inquiry by the ICC. Accordingly, there is no infirmity in respect of the registration of an FIR by the CBCID at the instance of the ICC, even before conducting an inquiry under the Act”, the judge added.
