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Supreme Court agrees to hear plea of law intern who has accused Justice Swatanter Kumar of sexual harassment

Wednesday, 15 January 2014 - 3:22pm IST | Agency: PTI

The Supreme Court today agreed to hear a petition filed by a former law intern, who has made allegations against Justice Swatanter Kumar, to constitute a permanent mechanism to deal with sexual harassment cases at work place in judicial bodies.

A bench three-judge bench headed by Chief Justice P Sathasivam, however, made it clear that at this moment it was not expressing any opinion on the allegations made by the intern against Justice Kumar and issued notice to the Centre.

The bench also issued notice to Justice (retd) Swatanter Kumar, Chairperson of National Green Tribunal, and Secretary General of the Supreme Court, who were made parties by the intern in the petition.

The bench also appointed senior advocates Fali S Nariman and K K Venugopal as amicus curiae in the case and directed Attorney General G E Vahavati to assist it in the matter.

At the outset of the hearing, Justice Sathasivam raised question on why the intern came out so late regarding alleged harassment and expressed apprehension that complaint can be filed against a judge 20 years after his retirement.

"Why she waited so long. Our apprehension is that even after 20 years when the judge reaches the age of 90 years, complaint can be filed," the bench observed.

Senior advocate Harish Salve, appearing for the intern, submitted that once a mechanism is set up to deal with such cases, then people will come within reasonable time to file the complaint.

He submitted that the court can fix the time frame within which a person can approach with complaints.

The bench said it is inclined to consider these aspects and asked the Centre to file response within four weeks. It posted the case for February 14.

The court said, "It is made clear at the moment we are not expressing any opinion on the averments made in the petition."

The intern, in the petition, has also challenged the apex court's December 5, 2013 full court resolution in which it was decided that no complaint against its retired judges will be entertained.

She has submitted that Justice Kumar was a sitting judge at the time of the alleged incident and the apex court must look into the complaint as per Vishaka guidelines to deal with complaints of sexual harassment at work place.

Justice Kumar has described the allegations as "incredulous and false" and "some kind of conspiracy".

The law intern filed the petition after the administrative side of the Supreme Court refused to entertain her complaint against Justice Kumar citing its full court resolution passed on December 5.

The petitioner has sought quashing of the resolution and setting up of a mechanism or forum to look into such complaints. 


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