Supreme Court Adjourns Plea To Transfer Defamation Suit Filed By Ex-Judge Over Sexual Harassment Allegations

Rintu Mariam Biju

2 Nov 2022 11:05 AM GMT

  • Supreme Court Adjourns Plea To Transfer Defamation Suit Filed By Ex-Judge Over Sexual Harassment Allegations

    The Supreme Court of India on Wednesday adjourned, by three weeks, a plea filed by a woman in 2014 seeking transfer of a defamation suit filed by a former judge of the Supreme Court from Delhi High Court. The judge filed the defamation suit against the woman after she alleged that she was sexually harassed by him while she was a law intern. Certain media reporters were also named...

    The Supreme Court of India on Wednesday adjourned, by three weeks, a plea filed by a woman in 2014 seeking transfer of a defamation suit filed by a former judge of the Supreme Court from Delhi High Court.

    The judge filed the defamation suit against the woman after she alleged that she was sexually harassed by him while she was a law intern. Certain media reporters were also named as defendants in the suit.

    Before a Bench of Justices KM Joseph and Hrishikesh Roy, the Senior Advocate appearing for the ex-Supreme Court Judge gave the factual matrix regarding the proceedings in brief.

    "It's a suit filed by me, I am the first respondent. It pertains to certain defamatory allegations. May I just tell your Lordships. What has happened is, I have filed my response, no rejoinder. Three of the parties said they don't want to file a response. Others have not filed a response. So, I leave it to your Lordships. I don't want to get into the merits of the matter because that would be inappropriate".

    The senior counsel added that the issue raised in the transfer petition is no longer relevant as the colleagues of the ex-judge have retired.  "Now, none of those judges remain. There's no judge of my era".

    Senior Advocate Mukul Rohatgi requested the court to have the matter another day.

    "It's actually a dead issue today. I don't know what is the purpose. The Judge is beyond 75 years of age. The suit has not progressed….It's suddenly come up now. Your Lordships may have it another day."

    Hearing this and the fact that Advocate Vrinda Grover, who is appearing for the petitioner is not keeping well, the Bench adjourned the matter.

    In the transfer petition, the petitioner raised apprehensions regarding lack of fair trial in the Delhi High Court by contending that the peers of the plaintiff are holding positions in judiciary. The petitioner therefore sought transfer of the suit to her native city. The Supreme Court had stayed the suit proceedings while admitting the transfer petition.

    While considering the suit, the Delhi High Court had passed a restraint order against the media in relation to the reporting of the allegations and the publication of the judge's photographs.

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