NEW DELHI, Feb 14:
The Supreme Court of India has dismissed the appeals filed by senior Kashmir Administrative Service (KAS) officer Asif Hamid Khan seeking to quash a sexual harassment case registered against him in 2014, and has directed the trial court to conclude the proceedings within one year.
A Bench comprising Justice Sanjay Karol and Justice Augustine George Masih passed the order while hearing Special Leave Petition (Criminal) Nos. 19500–19501 of 2025, arising out of the final judgment and order dated August 28, 2025, delivered by the Delhi High Court in WPCRL No. 3501/2018 and CRLMA No. 47419/2018. Granting leave, the Court heard the matter as civil appeals in its appellate jurisdiction but declined to interfere with the High Court’s decision, ultimately dismissing the appeals.
The case stems from an FIR registered in 2014 against Asif Hamid Khan, who was then posted as Additional Resident Commissioner in New Delhi. The FIR was lodged on the basis of a complaint filed by a junior KAS officer alleging sexual harassment. The registration of the FIR itself came after intervention by the Delhi High Court.
Khan had initially approached the Sessions Court and later the Delhi High Court seeking quashing of the FIR and the consequential proceedings. Both courts dismissed his plea. He subsequently moved the Supreme Court challenging the High Court’s refusal to quash the case.
Appearing for the appellant, Senior Advocate Zaffar A. Shah argued that Khan had been exonerated in a departmental enquiry and that in view of such exoneration, the criminal proceedings ought not to continue. It was contended that once the competent authority had cleared the officer in disciplinary proceedings, the continuation of the criminal trial would amount to an abuse of process.
The respondent-complainant was represented by Advocate Suhail Malik, who opposed the plea and submitted that the accused had attempted to delay the proceedings at every stage. It was pointed out that the FIR had been registered only after intervention by the High Court and that the accused had already taken as many as sixty-two dates before various courts on substantially the same grounds, contributing to extraordinary delay in the trial.
After hearing learned counsel for the parties, the Supreme Court observed that it was not inclined to interfere in the matter. Referring to settled judicial principles, the Court remarked that exoneration in a departmental enquiry does not ipso facto absolve an accused of criminal liability, as the scope, standard of proof and nature of proceedings in disciplinary and criminal cases are distinct. Considering the facts and circumstances, the Bench held that no case for interference was made out at this stage and dismissed the appeals.
At the same time, taking note of the fact that the matter pertains to the year 2014 and that there has been considerable delay in its progress, the Court directed that the trial be expedited. It recorded that the parties shall fully cooperate with the trial proceedings and shall not seek unnecessary adjournments. The Bench requested the trial court to decide the case in accordance with law as expeditiously as possible and, in any event, within a period of one year from the date of the order.
The Court also clarified that it would be open to the petitioner to move an appropriate application before the trial court seeking discharge, if so advised. Importantly, it directed that the trial court shall decide the matter uninfluenced by any observations made by the High Court in the impugned judgment, thereby ensuring an independent adjudication strictly on the merits of the case.
All pending applications, if any, were ordered to stand disposed of.
The order was pronounced in open court in New Delhi on February 6, 2026. With the dismissal of the appeals, the decade-old sexual harassment case will now proceed before the trial court, which has been mandated by the apex court to bring the proceedings to a conclusion within a year.
(Courtesy KD)