Delhi High Court Upholds Sexual Harassment Case Against Senior Government Officer, Rejects Closure Reports
Court Emphasizes No Immunity from Harassment Regardless of Position, Endorses Credibility of Complainant’s Testimony
The Delhi High Court has refused to interfere with a Magistrate’s order taking cognizance of a sexual harassment complaint filed by a senior woman government officer belonging to the Kashmir Administrative Service, rejecting closure reports filed twice by Delhi Police. Justice Neena Bansal Krishna lauded the Magistrate for supporting the complainant who faced harassment allegations despite the accused’s use of state authority to intimidate her.
The petition arose out of a prolonged workplace harassment dispute where the complainant alleged abuse and criminal intimidation by her superior. The Internal Complaints Committee (ICC) under the PoSH Act found the allegations unproven, and police closure reports claimed the case was motivated and unsubstantiated. However, the Magistrate and revisional court independently reviewed the evidence and found sufficient grounds to summon the accused for trial under Sections 354A (sexual harassment) and 509 (criminal intimidation) of the IPC.
The Delhi High Court emphasized that education or senior government position does not provide immunity from harassment or protect perpetrators. It reiterated judicial precedents holding that the sole testimony of a complainant can be sufficient to sustain a conviction if credible and trustworthy, regardless of supporting witnesses.
The Court dismissed the accused’s challenge to the summons, noting that multiple witnesses supported the complainant and that the case must proceed to trial to test the trustworthiness of allegations. The judgment highlights ongoing challenges women face in workplaces, particularly relating to power dynamics and societal prejudices, underlining the judiciary’s role in ensuring justice and workplace safety.