The Supreme Court has said that it finds very odd that the Union of India is claiming privilege under Section 123 and 124 of the Evidence Act, with respect to an enquiry report concerning the allegations of sexual harassment by RAW officials.
An Ex-RAW official had approached the Apex Court praying for a copy of Enquiry report pertaining to her allegations of Sexual harassment against her superiors. The Apex Court Bench comprising of Justices Madan B. Lokur and N.V. Ramana ordered the Court master handover to the appellant the Report (which was filed by UoI in Court in a sealed cover) and documents pertaining to the enquiry in relation to the allegations of sexual harassment made by the appellant against Intelligence officials.
With respect to the contention of the Union of India that the Enquiry report cannot be handed over as it would be “against national interest and would compromise national security”, the Court observed: “We find it very odd that in a matter of an enquiry in respect of an allegation of sexual harassment, the Union of India should claim privilege under Sections 123 and 124 of the Evidence Act. The contents of Reports alleging sexual harassment can hardly relate to affairs of State or anything concerning national security. In any event, absolutely nothing has been shown to us to warrant withholding the Reports and the documents from the appellant in relation to the enquiry of allegations of sexual harassment.”
Read the Judgment here.