Delhi HC issues notice to Police Commissioner on plea seeking constitution of Internal Complaint Committee

New Delhi [India], September 29 : The Delhi High Court on Wednesday issued notice to the Police Commissioner on a plea of a woman cop seeking constitution of the Internal Complaint Committee (ICC) by the South Delhi DCP for redressal of sexual harassment complaints.
It is alleged that she had been sexually harassed by the accused.
She said that the ICC should have been constituted within three months of the incident as per the guidelines laid by the Supreme Court, but to date, it has not been constituted.
Justice Anu Malhotra issued notice to Delhi Government Commissioner of Police Delhi and Deputy Commissioner of Police (DCP)-South.
The matter has been listed on October 19 for hearing. This matter pertains to an FIR under sections of rape and intimidation registered on August 3 in 2021 at Malviya Nagar police station of Delhi on the complaint of the petitioner against a Sub Inspector of Delhi Police.
The petition moved through advocate Randhir Lal Sharma sought direction from the Deputy Commissioner Police, Hauz Khas, New Delhi to constitute an Internal Complaints Committee (ICC) for redressal of present sexual harassment complaints in accordance with the guidelines laid down by the Supreme Court in Vishakha vs State of Rajasthan (1997) and Sexual harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013.
The counsel for the petitioner informed the bench that to date the ICC has not been constituted whereas it should have been in place within three months. It is a violation of the guidelines of the Vishakha Case.
"The accused Sub Inspector is on interim protection from the High court and on duty in the department. He should be immediately suspended to ensure a free and fair investigation and for the safety of the Petitioner," advocate Sharma submitted.
The petition also sought a direction for an immediate departmental inquiry against a delinquent police officer for deciding as to whether a delinquent police officer is suitable to be retained in service in FIR U/s 376 and 506 IPC, 1860.
The bench preponed the hearing and directed to re-notified it for October 19, 2022, on which date bail application is also directed to be listed.
In the present matter charge sheet have filed despite the fact that ICC has not been constituted.
The petition also mentioned that a case of Corruption was registered in the CBI on October 9, 2021, against the then SHO Police station Malaviya Nagar and other police officials for allegedly asking bribes for settling up the matter.
It is also mentioned that the accused is on interim protection and the order on his anticipatory bail is reserved since October 29, 2021. However, a charge sheet has been filed on May 18, 2022, and the case is on the stage of framing of charges.