SRINAGAR: The three judge bench of Supreme Court headed by Chief Justice of India has directed the State Government for providing police protection to a Staff Nurse alleging sexual harassment by the then Director Health Services Kashmir Dr. Saleem-u-Rehman.
Hearing a petition filed by a Staff Nurse (name withheld) challenging the judgment of High Court wherein the complaint filed by the victim against the then DHSK Dr Saleem-u-Rehman has been dismissed, the bench comprising Chief Justice of India Ranjan Gogoi, Justice S Abdul Nazeer and Justice Sanjiv Khanna after issuing notice to the State also directed for providing police protection to the petitioner.
An FIR No.46/2014, was registered in the Police Station Shaheed Gunj, Srinagar, for the commission of offence punishable under Section 354-A of the Ranbir Penal Code, on a complaint lodged by a staff nurse of Health Department against Dr. Rehman for sexually harassing her and after the culmination of investigation by the police a closure report was forwarded to the Judicial Magistrate resulting into dropping of proceedings in a complaint filed by the Staff Nurse.
The victim challenged the order of Judicial Magistrate before the court of 2nd Additional Sessions Judge Srinagar who directed the Judicial Magistrate to follow the procedure and hear the complaint filed against the accused afresh.
Dr. Rehman aggrieved of the order of Additional Sessions Judge challenged the same before the High Court by way of filing a petition under section 561A seeking to quash the Order dated 31.03.2018, passed by the court of the 2nd Additional Sessions Judge, Srinagar.
The High Court on October last year allowed the petition of Dr. Rehman and held that the order of Judicial Magistrate does not suffer from any jurisdictional error or legal infirmity and set aside the order of 2nd Additional Sessions Judge Srinagar.
The victim-Staff Nurse challenged the judgment of High Court before the Supreme Court in Special Leave Petition.