7 May 2019 2:03 PM GMT
Bar Council of India has appealed to the members of the legal fraternity, the judges and the people of the country to rise to the occasion and come forward, get united, and be vocal to discourage negative forces which are active to weaken the institution of judiciary.Bar has made this appeal in the backdrop of the complaint of sexual harassment against CJI Ranjan Gogoi and everything...
Bar Council of India has appealed to the members of the legal fraternity, the judges and the people of the country to rise to the occasion and come forward, get united, and be vocal to discourage negative forces which are active to weaken the institution of judiciary.
Bar has made this appeal in the backdrop of the complaint of sexual harassment against CJI Ranjan Gogoi and everything that happened in its aftermath bringing judiciary in limelight in a bad way, saying that judiciary is the only ray of hope for the poor people of the country.
Statement from BCI says that a common advocate always feels that his first duty is to protect the institution of judiciary and that bar cannot tolerate any attempt that tears at reputation of courts of law and damages and demolishes their authority.
Complaint Against CJI Is Fishy
Smelling foul in the modalities followed by the complainant in filing the complaint, BCI says that on examination of the complaint and the annexures and the way facts have been narrated by the complainant in her complaint, and the manner she claims to have recorded everything in her mobile while at police station, and the way she has been dealing with the police, the Courts, CBI, IB and everyone is fishy from every angle.
It says that Indians are wise enough to understand the dirty game to spoil the dignity of country's judicial system and says further that there is now realization amongst the Indian masses that there is some backing behind the complaint against CJI and that complainant is not a "simple lady".
"If you examine the complaint and the annexures and see the way facts are narrated; the manner in which she claims to have recorded everything in her mobile while at police station, and the way she has been dealing with police, the Courts, CBI, IB, everyone, if one analyses these things carefully, you will find something fishy", states the BCI.
Nothing Wrong With Justice Bobde Report
BCI says that there is nothing wrong with the report of the in-house committee which has given clean chit to the CJI and that its decision is "just and proper" as it has not found any merit in allegations against the CJI.
It says that complainant was not happy with anyone and after Justice Gogoi, she started blaming and commenting against Justice R.V. Ramana that he favored Justice Gogoi [being close to him] due to which Justice Ramana had to recuse himself from the case after which two very noble, fair, polite and soft spoken lady judges were included in the in-house panel.
Making a humble request to the members of the Bar, it says that Bar is duty bound to protect the democracy and protect the independence of judiciary and should desist from commenting on and criticizing each and every step of the Institution of judiciary and the authorities.
It makes a request equally to the senior and other advocates of Supreme Court of India and of all the High Courts and to entire legal fraternity to stand united and fight the negative elements that destroy the credibility of institution of judiciary.
Justice Bobde A Man of Nice Behavior
Bar Council is not happy with the way complainant has made allegations of "unfairness" against Justice Bobde Committee and says that the members of the Supreme Court and those aware of the functions of the Supreme Court know about the politeness and the nice behavior of Justice Bobde. It says that Justice Bobde is a man who always smiles and is never angry and same is true about other two lady judges on the panel.
Procedure Adopted By Committee Proper And Fair
Bar Council says that Committee has taken the proper decision after examining the material and everything before it carefully and no one should doubt the decision of the Committee which would send a wrong signal and there would be no end to the malicious complaints against the respectable authorities discharging important functions.
It says that complainant, as per her own story, was at police station for quite long time and there she demanded no legal help nor felt need for videography or audio-recording and was quite comfortable but surprisingly before the panel of three judges of Supreme Court, which included two ladies, the complainant allegedly felt nervous and felt the need for audio and video recording.
It says that it fully respects the opinions of D.Y. Chandrachud but all those concept and suggestions expressed by him for providing liberties and legal assistance to complainant are for innocent, ignorant and helpless complainants and not for a litigant, who is apparently trying to malign the highest institution.
End the "Unfounded Controversy"
Calling for an end to "unfounded Controversy", BCI says that instead of filing an FIR, Complainant had lodged her complaint with the judges of the Supreme Court and had herself opted the firm and now that in-house committee has decided the matter, there is no justification on commenting over it or criticizing it and there should be an end to this "unfounded controversy".
Judges themselves responsible for such unfortunate situation
BCI says that judiciary is itself responsible for the culture of "malicious complaints" by encouraging them. It says further that some "absurd, sentimental and reckless judicial verdicts" of the judges of the Supreme Court has resulted in lodging of such complaints frequently and expects practicality from judges in future.
Appeal to Members of Bar & Common People
It requests the members of the Bar to drop this episode from their minds and gossiping as it is causing serious harm to the institution of judiciary.
"It is the duty of the entire Legal fraternity to save and protect the institution on such occasion of crisis," it says.
It says that it is sure that not only the members of the Bar but every sensible citizen of the country will agree with the views expressed by the apex body of Advocates, and will stand with the highest institution of the justice.
Statement reads:"We are to save our Constitution and the Democracy. And for that purpose, the independence of the Judiciary, creation of a fearless atmosphere for the smooth discharge of functions by our judges, would be first and foremost necessity."