Enquiry On Sexual Harassment Allegations Against CJI Should Not Be Proceeded In Complainant's Absence, PUDR, Activists [Read Full Statements]

People's Union for Democratic Rights (PUDR) has demanded that the enquiry on sexual harassment allegations against Chief Justice Ranjan Gogoi should not be proceeded in the absence of the Complainant. In a press statement PUDR also suggested that the inquiry into the allegations levelled by the Ex-Supreme Courtstaffer should be conducted by a special committee comprising and headed by external members who are not sitting Supreme Court judges.The inquiry should be in accordance with the principles of natural justice, the Supreme Court's own guidelines in Vishaka v. State of Rajasthan (1997), and the Prevention of Sexual Harassment Act (2013). The complainant's requests for video-recording of proceedings, representation by a lawyer etc. should be granted. Appropriate action should be taken against functionaries of the Court and the Delhi Police based on the findings of an impartial inquiry. Supreme Court regulations should be suitably amended to fill existing gaps; including the exclusion from the 2013 Regulations of employees governed by the Court's service rules, and the lack of an 'In-House Procedure' for complaints made against the Chief Justice of India Lawyers And Activists Support Complainant's Decision to Withdraw from EnquiryIn another Statement, Civil society groups, lawyers, activists and academics have expressed their solidarity with the woman who alleged sexual harassment by Chief Justice of India Ranjan Gogoi, and supported her decision to withdraw from the in-house panel looking into the allegations.We reiterate that the constitution of the three judge Committee is inherently flawed, as the Chief Justice is senior to the three judges hearing the complaint and head of the Institution. The Committee also does not adhere to the spirit of either the 2013 Act or the Vishaka Guidelines, laid down by the Hon'ble Supreme Court itself in 1997. The absence of an external member, whose role is to ensure that there is no undue pressure or influence on either the complainant or the witnesses during the enquiry, casts a shadow on the intent behind and the purpose of setting up this Committee itself.The procedure established by law has not only to be followed by those subordinates to the Hon'ble Supreme Court, but by the Supreme Court itself. Articles 14 and 21 of the Constitution of India would have no meaning otherwise. If the highest judicial authority does not follow its own procedures and stand up in support of the less powerful, it will send a message of disquiet to all those keeping faith in the system. In order to maintain this faith and to stand with the less powerful, the complainant in this case, we implore the present Committee to immediately stop hearing this Complaint. We once again demand of the Hon'ble Supreme Court of India: A Special Enquiry Committee consisting of credible individuals be constituted to conduct a thorough enquiry at the earliest and create an atmosphere of transparency and confidence for the complainant to depose. The Special Enquiry Committee should follow the norms of the IC and the principles of natural justice and accordingly conduct its enquiry. The Chief Justice of India should refrain from transacting official duties and responsibilities until the completion of the enquiry. The complainant must be allowed to be represented by a lawyer/support person of her choice. You can read the Full Text of PUDR Press Statement HerePress Statement02 May 2019PUDR condemns sham inquiry into charges against CJI'On May 1st, 2019, the three-judge inquiry into charges of sexual harassment against the Chief Justice of India decided to proceed without the complainant, with the CJI appearing before it. The complainant had withdrawn from the inquiry the previous day, describing the shocking course of action adopted by the inquiry committee, in complete violation of basic tenets of natural justice and the Supreme Court's own jurisprudence on sexual harassment. PUDR strongly condemns the committee's decision to proceed in her absence and demands that an impartial inquiry be conducted by a fresh committee comprising external members. Given the Court's brazenly self-serving responses to these charges even outside the committee, there is little doubt that the complainant is right in fearing she will not be given a fair hearing.There is no clear procedure for the present case, since the Court's 'In-House Procedure' does not provide a process for complaints against the CJI and its 2013 Regulations on the Internal Complaints Committee for sexual harassment do not apply to the current complainant. The very fact that such a loophole exists is already condemnable. But for the Court to take advantage of this ambiguity by evolving a farcical procedure is an even more shameful abuse of power, severely detrimental to public trust in the institution.The judges did not even inform the complainant what the committee procedure would be, merely telling her that it would not follow any...

Enquiry On Sexual Harassment Allegations Against CJI Should Not Be Proceeded In Complainant's Absence, PUDR, Activists [Read Full Statements]

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