Chennai: In an unprecedented move, aiming at accurate transparency, the Madras high court has transferred to the State of Telangana at Hyderabad, the enquiry into the sexual harassment complaint given by a woman Superintendent of Police against S. Murugan, Joint Director, Directorate of Vigilance and Anti-Corruption, Chennai and the investigation into the FIR registered based on her complaint.
A division bench comprising Justices Vineet Kothari and C.V.Karthikeyan also directed the Chief Secretary of State of Telangana as well as the Director General of Police of the State of Telangana to under take the necessary steps for constitution of a separate Internal Complaints Committee at Hyderabad, as per the provisions of the Sexual Harassment of Woman at Work Place (Prevention, Prohibition and Redressal) Act, headed by a Senior Lady Officer as per section 11 of the Act, which shall undertake the enquiry into the said complaint and also the investigation of the FIR by a senior and independent official of the police department of the State of Telangana.
The report of the said Internal Complaints Committee and the report of the investigation in the said FIR may be transmitted back to this court within six months from today. The relevant records in this regard, shall be transmitted by the authorities concerned of the State of Tamil Nadu, to the Chief Secretary of State of Telangana forthwith. “We are keeping these writ appeals pending, awaiting the aforesaid report of the ICC as well as the investigation report from the investigating officer concerned of the State of Telangana, within the aforesaid period of six months. We make it clear that our aforesaid order of transfer of proceedings to the neighbouring State of Telangana shall, in no way, be treated as any adverse expression by this court on the image of the authorities of the State of Tamil Nadu in this respect. The matter may be listed before the court, once the aforesaid reports are received from the State of Telangana”, the bench added.
Passing interim orders on the appeals filed by S.Murugan, challenging an order of single judge, the bench said upon objective and dispassionate consideration of the matter and the affidavits of the parties and also the stand taken by the Advocate General Vijay Narayanan on behalf of the state, “we are of the view that to ensure fair, independent and unbiased investigation into the matter, looking to the nature of serious allegations of the sexual harassment by a senior lady officer of the police department against another very senior officer of the same department, the enquiry by the ICC under the provisions of the Act as well as the investigation into the FIR filed by the complainant should be undertaken in another neighbouring state”.
The bench said, “We are conscious of the fact that the enquiry and investigation out of a state is not envisaged under the provisions of the Act. But, looking to the nature of positions of both the parties, the complainant as well as the appellant, both belonging to police department of the State of Tamil Nadu and the nature of allegations, sought impleadment of parties including Chief Minister etc., the spree of litigation which has ensued between the parties on account of the allegations of sexual harassment, we inclined to ensure complete fairness and independence in the internal enquiry under the Act as well as the investigation in the FIR. We, therefore, exercising our extraordinary powers under Article 226 of the Constitution of India, including the powers under Article 226 (2) of the Constitution, direct that all the proceedings in the present case for enquiry into the complaint of sexual harassment made by the complainant under the Act as well as the investigation into the FIR filed by the complainant shall be transferred to the State of Telangana at Hyderabad”.
