JUDGES INVOLVED IN THE CASE: Ā
- Mukarjee
- Anant
Background: Rupan Deol Bajaj, is a retired Officer of theĀ Indian Administrative ServiceĀ (I.A.S) belonging to the Punjab Cadre. She at present lives inĀ Chandigarh. She came to limelight when, she lodged a complaint againstĀ KPS Gill, who was at that timeĀ Director General of Police,Ā Punjab, that he had molested her modesty by “patting” her “posterior” in an intoxicated state, during a party hosted on 18 July 1988 at the Chandigarh residence of then Punjab Financial Commissioner (Home) S L Kapoor. She was at that time working as the Special Secretary, Finance as an I.A.S. officer. Her husband Mr. B.R. Bajaj, who is a senior I.A.S. officer of the Punjab Cadre, now retired, not only stood by her throughout the legal ordeal but also had filed a complaint in the Court of the Chief Judicial Magistrate for the same offenses, described above against KPS Gill and was a party to the case.
Introduction:
This is famously known as āThe Butt Slapping Caseā. This was one of the most criticised high profiled cases. The last decision came in 2005 which ultimately reduce the punishment to probation. An opinion can be formed from this case about the lenient judicial procedure towards the high elites of the society.
Facts of the case:
- Rupal Deol Bajaj was an IAS Officer belonging to Punjab Cadre. She lodged a FIR against Mr.KPS Gill the Director General of Police u/s 341,342.352,354 and 509 of IPC.
- On the said date, in the party of KPS Gill the accused around 10.pm walked across a group of ladies and joined them. After sometime some of the ladies started leaving and going into the house. The victim didnāt notice that Mr.KPS Gill was misbehaving with them.
- KPS Gill then called the victim to talk about something. On realisation by victim a out of order behaviour by Gill, she avoided going.
- After a while Gill reached out to her amongst the other ladies who were sitting together and ordered her in an obnoxious manner to get up and come along. She resisted and turned back and started leaving, when he slapped her back.
Ā
Issues:
The only moot point is that weather the allegations constitute any of the offences mentioned?
Ā Judgement:
- In 1998 the High Court of Punjab and Haryana Gill booked Gill u/s 354 i.e. outraging modesty of a women and u/s 509 i.e. an act, word, gesture intended to insult a lady.
- He was sentenced for rigorous imprisonment for 3months and simple imprisonment for 2months along with fine of Rs.200000.
- Appeals were made into Supreme Court of India wherein the punishment was turned into probation in 2005.
BY: PALAK GOEL