Six months into his tenure as the Chief Justice of India, Justice Ranjan Gogoi faced his most uncomfortable moment on Saturday — heading a bench on a non-working day to refute allegations of serious sexual misconduct levelled against him by a 35-year-old former Supreme Court staffer, dismissed last year after a disciplinary enquiry.
With the allegations of the woman and the CJI's rebuttal arriving on a single day within a few hours' gap, the media — in an order passed by two of the three judges (CJI excluded) — were asked to "show restraint and act responsibly", reminding them that "wild and scandalous allegations undermine and irreparably damage reputation and negate independence of judiciary".
No committee has been constituted so far to enquire the allegations, but the CJI clarified that he will continue to decide cases "fearlessly", regardless of what happens and that nobody can stop him from completing the remaining seven months of his tenure.
The allegations pertained to events in October 2018 when the woman in question was appointed as junior court assistant (JCA) at the residence of CJI. Justice Gogoi took oath as CJI on October 3. In her written complaint on affidavit, sent to 22 judges of the Supreme Court, the woman narrated her ordeal of sexual harassment and how on more occasions than one, the CJI made explicit advances, which she objected to. She was later transferred to the main Supreme Court complex on October 22, following which she was transferred. A disciplinary enquiry against her found her guilty of insubordination, following which she was dismissed. So on Saturday, with Justice Arun Mishra and Sanjiv Khanna he attempted to dismiss the charges.
At about 9 am, the allegations came into public domain and simultaneously, the office of CJI had a word with the top law officers — Attorney General KK Venugopal and Solicitor General Tushar Mehta. Then at around 10 am, a notice was issued for a special sitting at 10.30 am. The matter got listed as the first suo moto (civil) writ petition of 2019 under the case title: "Matter of Great Public Importance Touching upon the Independence of Judiciary — Mentioned by S-G Tushar Mehta."
During the hearing, the CJI dropped a bombshell by saying that the allegations are a design by a "bigger force" to deactivate the CJI considering the important cases to be heard by him next week. Notably, one of the big cases listed next week pertains to a contempt petition against Congress President Rahul Gandhi.
CJI put the record straight by stating that on October 11, he received inappropriate messages on his mobile phone from the victim. A day later, he asked his office to transfer her and a decision to this effect was taken on October 22, but she refused to join work. A departmental enquiry found her guilty of insubordination, following which she got dismissed on December 21, 2018.
Staking his reputation as high as the reputation of judiciary in the country, the CJI said that the "Independence of judiciary is under a very serious threat." He drew parallels of the office of CJI with Prime Minister have to be independent and said, "Reputation is the only thing which a judge has...if such things happen, no judge will be able to decide matters. Why will any sane person want to become a judge?" CJI told A-G, S-G and Supreme Court Bar Association President Rakesh K Khanna.
CJI disclosed that after 20 years as a judge, all he had in his bank account was Rs 6.8 lakh and Rs 40 lakh in provident fund and saving schemes. "These are my total assets. When I started my career I had much more...Nobody can catch me on money. So people have to find something and they have found this."
On the allegations per se, CJI said, "I do not think I should stoop low to even deny these allegations," CJI said, wondering how "unbelievable" it is coming from a woman who is facing criminal prosecution in two cases.
Taking responsibility for constituting the special bench, CJI said that this "unusual and extraordinary step" was taken as things had gone too far. The online news portals gave him less than 12 hours to respond and he felt that this needs to be told from the highest seat of this institution that "judiciary cannot be made a scapegoat."
Gogoi blames ‘bigger force’
Allegations
- CJI Ranjan Gogoi made sexual advances at his residence office on 2 occasions in October 2018
- Dismissed from service for objecting, husband and brother-in-law suspended from Delhi Police, disabled brother-in-law employed with SC removed
- Made to apologise to CJI’s wife by rubbing nose at her feet. Now faces allegation of cheating; after arrest, subjected to physical and verbal abuse. Delhi Police is seeking cancellation of her bail
CJI’s rebuttal
- Nobody can catch me on money. So people have to find something and they have found this...there has to be a bigger force behind this. They want to destabilise the office of CJI, considering the important cases I am going to hear next week
- Independence of judiciary is under a very serious threat... I have taken this unusual and extraordinary step because things have gone too far. The judiciary cannot be made a scapegoat
- Regardless of what happens, I will decide cases in my seven month tenure. Nobody can stop me from discharging my judicial functions without any fear
Cases Next Week
- Contempt petition against Congress President Rahul Gandhi on his Rafale remark on Tuesday
- CBI contempt petition against former West Bengal Commissioner Rajeev Kumar in Sarada scam
- EC sealed cover on whether to allow release of biopic ‘PM Narendra Modi’ despite the EC ban
- EC response on Tamil Nadu elections over large scale cash recovery targeted to purchase votes
- Assam’s National Register of Citizens (NRC) work in wake of State and Centre’s non-cooperation
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