In his petition, the former special DGP of Tamil Nadu police contended that the Villupuram Chief Judicial Magistrate does not have the jurisdiction to hear the case.

Ex Special DGP accused of sexual harassment questions trial courts jurisdiction
news Court Tuesday, August 24, 2021 - 10:16

A suspended top cop of the Tamil Nadu police has filed a petition contending that the trial court hearing a case of sexual harassment against him does not hold territorial jurisdiction to hear the case. The former Special DGP who was accused of sexual harassment by a woman IPS officer is facing a trial in the case. The matter is being heard by the Villupuram Chief Judicial Magistrate which accepted a final report filed by the CB-CID after probing the case. 

However, the former Special DGP has now filed a petition stating that the alleged offence is said to have taken place somewhere between Namakkal and Ulundurpet and hence the trial court does not have territorial jurisdiction over the case. Accepting the petition, the Chief Judicial Magistrate has now asked the prosecution to respond to the same. 

A part of Section 14 of the Code of Criminal Procedure mandates that the court must hold territorial jurisdiction to inquire into a case. Since the alleged incident took place in another district, the court does not possess the local jurisdiction, the suspended officer’s petition contends. The petition adds that in such a case, it is only fair to stay the proceedings in this court and transfer the matter to the court which holds territorial jurisdiction in the case. 

The Madras High Court initiated suo motu proceedings in the case to monitor the investigation into the alleged sexual harassment case. This was closed by the Supreme Court on August 18. According to the complaint filed by the female superintendent of police, the accused former Special DGP, while he was in power, had sexually harassed her while they were travelling by road to Pudukottai to assess the security arrangements made for the Chief Minister’s visit in February 2021. 

The chargesheet also names other IPS officers for coercing the survivor to not raise an official complaint and for attempting to suppress the incident.

Become a TNM Member for just Rs 999!
You can also support us with a one-time payment.