The Madras High Court denies granting a stay on the conviction of Ex-TN DGP DGP Rajesh Das. It upholds lower courts’ decisions. Despite this, Justice M. Nirmal Kumar refrained from passing any interim order. Subsequently, the Villupuram Principal Sessions Court upheld the verdict of a lower court. The lower court had convicted the former top cop to three years of imprisonment and a fine. This was in a case of sexual harassment of a woman IPS officer.
Madras High Court Refuses To Stay Conviction Of Ex-TN DGP Rajesh Das In Sexual Harassment Case
13 Feb 2024
The Madras High Court refuses to stay the conviction of former Tamil Nadu Ex-TN DGP Rajesh Das. In June 2023, the Chief Judicial Magistrate Court in Villupuram convicted Das for sexually harassing a woman Superintendent of Police. He was sentenced to three-year imprisonment with a fine. This order was confirmed by the Principal Sessions Court, Villupuram on 12th February 2023.
Refusal to Stay Conviction
Justice Nirmal Kumar told Das he couldn’t stay the conviction in a criminal revision. In fact, He suggested such a prayer could only be heard in an appeal against the conviction. In January, the court dismissed his plea to transfer the appeal. The court observed no prima facie materials to order the transfer. While dismissing his plea, the court noted no grounds warranting the transfer. Additionally, the court observed Ex-TN DGP Das tried to create a reasonable apprehension.
Background
The woman officer reported harassment by the Special DGP while on official duty. Consequently, CBCID filed an FIR against the Special DGP and others. Charges under Sections 354A(2), 341, 506(1) of IPC were included. Additionally, Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1998, applied. Subsequently, a Committee investigated the woman officer’s complaint. She alleged the Special DGP prevented her from filing a complaint.
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In 2021, the Madras High Court took suo moto cognizance of this issue, deeming it “shocking” and “monstrous”, and impacting women officers of the Tamil Nadu Police Force. Subsequently, the court strongly criticized the incident and emphasized that it was an extraordinary case necessitating monitoring of the investigation. As a result of the court orders, the Tamil Nadu government suspended the officer. Meanwhile, as the High Court continued to monitor the investigation, Das moved the Supreme Court seeking to transfer the trial out of Tamil Nadu. Consequently, the Supreme Court closed the suo moto case registered by the High Court. Additionally, the Supreme Court ordered the trial court to consider the matter on its own merit without being influenced by previous High Court orders.
Case Title: Rajesh Das v State
Case No: Crl RC 228 of 2024