Supreme Court grants interim relief to ex-Tamil Nadu special DGP Rajesh Das in sexual harassment case

CHENNAI: The Supreme Court on Friday ordered an interim stay on the arrest of former special DGP of Tamil Nadu (Law and Order) Rajesh Das in the case of sexually harrassing a woman IPS officer in 2022.

A division bench of the Supreme Court comprising Justices Bela M Trivedi and Pankaj Mithal heard an appeal moved by Das seeking suspension of sentence and exemption from surrendering. After hearing the appellant, the bench granted interim stay on Das' arrest and directed the Tamil Nadu government to file a counter to the appeal. 

On April 23, the Madras High Court had dismissed petitions filed by Rajesh Das. During the hearing, Justice M Dhandapani had remarked that the plea for suspension of sentence could always be considered if the convict surrenders and undergoes imprisonment for a few days and wondered how the convict could seek exemption from surrendering without going to jail even for a single day.

On June 16, 2023, Das was convicted and sentenced to three years' rigorous imprisonment by Chief Judicial Magistrate at Villupuram for allegedly sexually harassing a woman IPS officer in 2021, when they were both providing security to then Chief Minister Edappadi K Palaniswami during his election campaign.

Aggrieved by the conviction, Das had filed a criminal revision petition, assailing the order of the Principal District and Sessions Court, Villupuram. During the pendency of this petition, he had filed more criminal miscellaneous petitions.

He had then approached the Madras High Court to transfer the appeal from the Villupuram court, claiming that he would not receive a fair and impartial hearing. However, the HC had dismissed Rajesh Das' plea.

Subsequently, he had filed a Special Leave Petition (SLP) in the Supreme Court; it was also dismissed.

Hence, the Villupuram district court passed an order on February 12 this year, confirming the conviction and sentence imposed by the Chief Judicial Magistrate of the Villupuram court.

Das had then filed a revision petition against both decisions, as well as two criminal miscellaneous petitions seeking suspension of his prison sentence and exemption from surrendering in court. In April, the Madras High Court had dismissed both petitions.

Das' counsel Advocate Karthik had then filed an appeal in the Supreme Court on the matter.

The Madras High Court, while hearing a review plea by D Kanan, an SP-rank officer charged along with Das, had observed in 2021 that “if a woman IPS officer can be subjected to sexual harassment, less needs to be said about women police personnel in lesser ranks.”

The High Court further said, “It’s a shame that women in police department are not treated with the dignity they deserve. Most of these victims do not come out and complain. Only a few of them gather the courage to speak out. When a senior police officer faces such an allegation, how will the common man have faith in the police department? God save the department.”

On December 1, 2023, a month ahead of his superannuation, he was penalised with compulsory retirement by the state government.

Before Das, senior police officers S P S Rathore and K P S Gill were convicted for sexual harassment.

(With PTI inputs)