INDIA
Court will not make the report public, no copy for complainant
A three-judge panel of the Supreme Court has found "no substance" in the allegation of sexual misconduct against Chief Justice of India Ranjan Gogoi. A former top court employee posted at the residence office of the CJI had accused the CJI of touching her inappropriately and said that she was shifted out and finally sacked for resisting the alleged sexual advances.
Announcing the news on Monday, the Secretary-General of the apex court said that the report would not be made public.
This means even the complainant won't receive a copy, making it impossible for her to know what made the judges disbelieve her account.
However, a copy of the report was given to the CJI, being the judge concerned against whom the allegation was made.
The panel, headed by Justice SA Bobde (senior-most judge after CJI), had two women judges – Justices Indu Malhotra and Indira Banerjee – that prepared its report on May 5 and submitted the same to Justice Arun Mishra (third senior-most judge after CJI) on Monday.
The press release cited a 2003 judgment (Indira Jaising v Supreme Court of India) to say that "the report of a Committee constituted as part of the In-House Procedure is not liable to be made public".
Following this disclosure, the complainant issued a statement, saying "gross injustice has been done to me as a woman citizen of India". She said she now feels "extremely scared and terrified as despite all material placed before them, the Committee has not granted her or her family any security or protection".
The woman went public with the allegations on April 20 by circulating her complaint in an affidavit to 22 SC judges. After being called by the in-house committee, she recorded her statement for over two days and then withdrew from the proceedings after being denied a lawyer.
Incidentally, one of the judges – Justice DY Chandrachud – recently stirred a controversy by shooting a letter to Justice Bobde, urging him to not proceed with the inquiry after the woman had withdrawn. He reportedly even met Justice Bobde to convey his thoughts of allowing legal assistance to the complainant.
Since the allegation of this nature was first of its kind to rock the judiciary and it involved the head of the judiciary himself, a full court of the Supreme Court (comprising all judges in the top court) had constituted the in-house inquiry panel headed by Justice SA Bobde, the senior-most judge after CJI. He initially formed the panel with Justice NV Ramana (the second senior-most judge) and Justice Indira Banerjee. But the complainant levelled allegation of bias against Justice Ramana, prompting him to resign from the panel and giving way to Justice Malhotra's induction.
It was probably this reason that the panel report was not submitted to him but to Justice Mishra instead. After the CJI alleged that the allegation is part of a larger conspiracy to target the judiciary, a lawyer Utsav Bains approached Supreme Court claiming to have evidence of this conspiracy. His case was heard by a bench headed by Justice Mishra again, who set up an inquiry under former SC judge Justice (Retd) AK Patnaik, to probe the larger conspiracy with assistance from Delhi Police, Central Bureau of Investigation, and Intelligence Bureau.
As things stand, the report may never see the light of the day as the full court too has been kept out from getting a copy of the report.
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