The Court disposed of a writ petition regarding the investigation of sexual harassment against a police officer. Finding that a Single Bench had already been monitoring the investigation and issuing directions, the Court held no further action was necessary, declining to transfer the case to the CBI.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2021
CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.5679 of 2021
and W.M.P.No.6296 of 2021
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st and 2nd respondents to transfer the investigation of the complaint lodged by the Woman IPS Officer, Superintendent of Police,
Perambalur District from the hands of the 5th respondent to the office of the 4th respondent and direct the 4th respondent to follow the guidelines framed by Hon'ble Supreme Court in Vishaka vs State of Rajasthan and appoint new Committee to investigate the case within the time stipulated by this Court.
For Petitioner : Mr.S.Veeraraghavan
For Respondents
: Mr.A.L.Somaiyajee Special Advocate General assisted by Mr.V.Jayaprakash Narayanan State Government Pleader for RR 1, 2, 3 and 5
: Mr.Abdul Saleem for R-6 ORDER (Made by The Hon'ble Chief Justice)
The matter pertains to the allegation of sexual harassment by a woman IPS officer against a high-ranking police official.
appropriate Criminal Court and the Internal Committee to proceed with the matters in accordance with law uninfluenced by the observations herein.
There will be no order as to costs. Consequently, W.M.P.No.6296 of 2021 is closed.
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
sra
To
1.The Chief Secretary,
Government of Tamil Nadu,
Fort St. George, Secretariat,
Chennai 600 009.
2.The Home Secretary,
Government of Tamil Nadu,
Fort St. George, Secretariat,
Chennai 600 009.
4.The Director, Central Bureau of Investigation, Plot No.5B, 6th Floor, CGO Complex, Lodhi Road, Jawaharlal Nehru Stadium, Marg, New Delhi 110 003.
5.The Additional Director General of Police, CBCID, SIDCO Electronic Complex Block NO.3, 1st Floor & 3rd Floor, Guindy Industrial Estate, Chennai 600 032. +1 cc to Mr.S.Veeraragavan, Advocate Sr.No. 24502
+1 cc to The Government Pleader Sr.No. 24323
W.P.No.5679 of 2021
PL(CO) RMP(30/04/2021)
2 issues framed by the court
Whether any further direction is required regarding the transfer of investigation of sexual harassment complaint from local police to CBI.
Whether the petitioner's prayers for investigation transfer and appointment of new committee are necessary given prior monitoring.
1 provisions across 1 enactments
K.Rajendran
The Chief Secretary, Government of Tamil Nadu
The Home Secretary, Government of Tamil Nadu
The Director General of Police, Tamil Nadu
The Director, Central Bureau of Investigation
Rajesh Das
SANJIB BANERJEE
JUSTICE SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
