Shocked that there are no senior lady officers in Thane, the court directed the home department to hand over the probe to ACP.
Shocked at the fact that there are no senior lady officers in neighbouring Thane district, the Bombay high court on Tuesday directed the home department to hand over the probe of harassment of a lady constable to Assistant Commissioner of Police (ACP) rank lady officer from Mumbai.
A division bench of Justice AM Khanwilkar and Justice PD Kode directed a lady officer of the rank of ACP from Thane or Mumbai to investigate into the allegations of harassment leveled by a lady constable against her senior.
"It is strange that there is no senior lady officer in Thane," remarked Justice Khanwilkar.
A lady constable from Kapurbavdi police station in Thane filed a writ petition in the high court in June after the police refused to lodge an FIR against the then Assistant Police Inspector MG Kale of the same police station.
Kale, in July, was promoted as Police Inspector and sent on deputation to the Crime Investigation Department, Jalgaon, as Deputy Superintendent.
Seema Chopda, advocate for the constable, alleged Kale harassed the constable for nearly a year. She repeatedly made oral complaints to her senior officers. "However, no action was taken against Kale," alleged Chopda.
"She finally sent written complaints in April and May to the senior police inspector Kapurbavdi. Still no FIR was lodged against Kale," argued Chopda.
In July, a division bench of the high court directed setting up of a committee as per the Supreme Court directions in Vishakha's judgment. The committee was asked to submit a report by August 11 and the matter was kept for hearing on August 12.
A day before the submission of report, August 10, the police lodged an FIR against Kale.
The report submitted to the high court stated that prima facie there was substance in the compliant.
Additional public prosecutor SV Gajare, informed the court that there are no lady ACPs in Thane. Chopda said there is only one lady ACP who is due to retire on September 30. Court has kept the lady constable's petition for hearing on September 29.
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