Senior Advocate Yatin Oza, President of the Gujarat High Court Advocates Association, has written a letter to the Chief Justice of India Ranjan Gogoi raising several questions in the wake of sexual harassment allegations levelled against him.
He has criticised CJI Gogoi sitting on the bench to deal with the suo moto proceedings initiated by the Court in the wake of allegations. He has said that the impression given was the "pious chair of the Chief Justice" was utilised to prove innocence in the case through the media.
The other questions raised by him are :
- Why the victim lady was invited to attend the ceremony of Justice Gogoi's oath taking as CJI on October 3?
- Why was the victim's brother given an appointment by way of a "back door entry" under discretionary quota of the CJI?
- Why the inquiry proceedings her was completed on a single day while she was hospitalized, without hearing her?
- Why was she given the ultimate punishment of dismissal, which is an "economic death penalty", ignoring SC decisions that punishment of removal should be awarded only in cases of moral turpitude?.
"It is the misfortune of this country that every time when serious allegations are made against the people holding the high of highest constitutional office, the females/victims are always looked at with contemptuous eyes and the law which otherwise has been laid down to deal with this type of cases is being a complete go by", he has said in the letter.
Sr Advocate Oza has also asked whether personal danger to the CJI would mean danger to the institution.
He has also raised the issue of transfer of Justice Kureshi from Gujarat High Court to Bombay High Court, which was protested by the Gujarat High Court Advocates Association. Though the Gujarat bar had resolved to strike to protest the transfer, it was called off after a meeting between Oza and CJI Gogoi, after the CJI assured to do the needful. But, the transfer of Justice Kureshi was not changed.
"You have no idea to what extent you have caused damage to the Gujarat High Court by doing so, which has resulted into a deep demoralizing impact in the minds of the Bar and the Bench. Judges are not afraid of the Government but they are afraid of you in as much as they believe that if we displease the Government, through you, the Government will punish them", Oza said in the letter.
"...to defend the your personal cause don't put into jeopardy institutional interest. By putting the vile of institutional interest, you are doing a great disinterest to the institution to achieve your personal goal", he said while concluding the letter.