Sexual harassment case: Madras High Court dismisses former DGP's challenge to trial court jurisdiction

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 hear a case of sexual harrasment filed by a woman Indian Police Service (IPS) officer, in which Das is the prime accused (Rajesh Das v. State of Tamil Nadu)..Das had contended that the CJM, Villupuram did not have the territorial jurisdiction to hear the case since the alleged offence took place in the areas of Namakkal, Ulundurpet and Chengalpet. .It was Das' contention that the case ought to have been taken up by the Judicial Magistrate in Namakkal or Ulundurpet or Chengalpet, and not the CJM at Villupuram..Justice P Velmurugan however, agreed with the State's stance that there is a valid communication i.e. ROC.2250/2009/G4 which designated the Chief Judicial Magistrate to take cognisance of chargesheets filed by the CB-CID. .Pertinently, the CB-CID is investigating the sexual harassment case against Das. The Court noted that Ulundhurpet and Kallakurichi fall under the judicial district of Villupuram and that, in this case, the chargesheet was filed by the CBCID before the CJM, Villupuram.The High Court also noted that the jurisdiction of the CJM was not challenged by Das in the special leave petition he had moved earlier before the Supreme Court to challenge suo motu Madras High Court proceedings that were being heard by Justice Anand Venkatesh. .Following Das' petition, the Supreme Court had expunged certain paragraphs in Justice Venkatesh's order. Notably, Justice Velmurugan pointed out that Das had not challenged the CJM's jurisdiction to hear the case before the Supreme Court. As such, the High Court also opined that the present plea challenging the trial court's jurisdiction was filed to protract the case. ."The jurisdiction of the Chief Judicial Magistrate was not challenged before the Hon'ble Supreme Court in the said S.L.P. They were very well aware of the fact that the Chief Judicial Magistrate, Villupuram has got the jurisdiction. Therefore, they have not challenged the same and subsequently after the disposal of the S.L.P and in order to protract the case, the petitioner invoking section 322 Cr.P.C filed the petition before the Chief Judicial Magistrate, Villupuram, to refer the matter to the file of the concerned Magistrate Court which is having Territorial jurisdiction," stated the order. .In this backdrop, Justice Velmurugan dismissed Das' revision plea and upheld the trial court's decision to dismiss the former DGP's challenge to the territorial jurisdiction of the CJM, Villupuram.."Considering the facts and circumstances of the abovesaid case, this Court does not find any perversity in the order passed by the Chief Judicial Magistrate, Villupuram. The petitioner at any point of time, in earlier occasion, has not challenged the power of CBCID to investigate the matter. As per the ROC.No.22250/2009/G4, the Chief Judicial Magistrate, Villlupuram has got jurisdiction to proceed with the case in C.C.No.231 of 2021 and the said ROC is not violating any statutory provisions. However, no prejudice would be caused to the petitioner," the Court concluded. .Earlier, Justice Velmurugan had orally opined that it is important that the case be decided at the earliest, to restore public confidence. ."We want to give trust to people. I am not going on merits of the case. The case has to be disposed of as early as possible," he added. .It may be recalled that Das stands accused of misbehaving with a woman IPS officer while they were in a car, and later having allegedly influenced other police offers to stop the IPS officer from lodging a complaint while she was en route to do so. .On a related note, a plea had also been moved by former Superintendent of Police, D Kannan, seeking discharge from the sexual assault case in which Das is the first accused. Kannan is a co-accused, and is alleged to have acted at the behest of Das to obstruct the IPS officer from lodging a complaint against Das for sexual harassment. .Kannan's discharge plea was withdrawn last week after the Court expressed its disinclination to entertain the same, reported the Times of India..[Read Judgment]