The Punjab & Haryana High Court has ordered the police to investigate a woman suspected of filing numerous false sexual harassment complaints. The court emphasized that the "practice of filing false sexual harassment complaints must be dealt with firmly to deter such malicious actions and protect the interests of innocent victims."
Justice Harpreet Singh Brar has instructed the Director General of Police, Haryana, to examine the credentials of the woman in question and appoint an IPS Officer to conduct a comprehensive investigation into her allegations. The investigation should determine how many similar complaints she has filed in the States of Punjab, Haryana, and U.T. Chandigarh.
"In case the allegations levelled by the petitioner are found to be false and manipulated, the DGP, Haryana is directed to take strict action against her, in accordance with law," the Court added.
The Court observed, "This unscrupulous and unethical practice of initiating criminal prosecution in order to extort money from unsuspecting victims, must be taken note of and strictly condemned to ensure that the judicial process is not used as an instrument of oppression and harassment. Stooping to such practices indubitably has wider ramifications on society as it becomes increasingly difficult to distinguish between genuine and false cases"
The judge added that such actions make people glaringly insensitive to cases of genuine plight and misery, leading to a lack of compassion towards real victims. If this modus operandi is allowed to continue unchecked, it would cause irreparable harm to society at large.
The Court noted that, during the police inquiry, it was discovered that the origin of the issue was a dispute over vacating a rented accommodation.
While dismissing her plea, the judge opined, "the Court must not act like a mere post office and direct investigation into every case qua which an application under Section 156(3) Cr.P.C. is filed."
Justice Brar further highlighted that the petitioner had previously filed multiple sexual harassment cases. In an order passed in July, another bench noted that the petitioner had filed a total of 19 sexual harassment complaints in Haryana's Jind alone.
"The Court is duty bound to look into such cases with extra care and scrutiny in order to protect innocent citizens. Moreover, the Court is well within its power while exercising its inherent jurisdiction under Section 482 Cr.P.C. or under Article 226 of the Constitution of India to look into the overall circumstances and the oblique motive of the complainant for falsely implicating innocent persons in countless cases," observed the judge.
The Court further added that the impact of false accusations is deeply stigmatizing and creates a significant psychological burden on the person portrayed as the accused.
Consequently, the Court directed the police to investigate the woman and instructed the DGP, Haryana, to file a compliance report detailing the actions taken within three months, before the Registry of the Court.
The petitioner was represented by Mr. Kamal K. Yogi, Legal Aid Counsel.
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