A man who approached the Supreme Court alleging sexual harassment against a woman during a court proceeding was made to withdraw his complaint after the Supreme Court dismissed his allegation as scandalous and restrained him from raising this grievance in any proceeding or court. The court expunged all remarks made by the man against the woman in question and imposed a blanket ban on media from publishing the name of the allegations against her.
The man, a resident of Kerala, claimed that the incident occurred inside the courtroom on October 4, 2016 when he was arguing a petition seeking culling of stray dogs following the menace caused by the canines in Kerala. He filed a petition challenging the Animal Birth Control (Dogs) Rules of 2001 and sought hearing on the same along with a bunch of similar petitions being heard by the apex court.
Though no mention of the incident was made inside the Court, the alleged victim went to the Registrar the same day to lodge his complaint. He said that he was advised to file an application and circulate it in the case in which he is appearing.
Taking strong exception to the petitioner’s attempt to circulate the application prior to its hearing, the bench of Justices Dipak Misra and Amitava Roy said, “He (petitioner) should have been well advised that such kind of allegations are not made in an application which has nothing to do with the subject matter of the lis, but may have something to do with a particular individual. It is also discernible that the allegations made are scandalous, unwarranted, indecent and absolutely uncalled for.” The bench restrained him from “making slightest effort to file such application before this Court or any court relating to this incident.”
Ironically, earlier in the day, a bench headed by CJI TS Thakur took a different view on the allegation by the man when it heard his application along with the petition challenging the 2001 Rules. The CJI-headed bench said, “We will require an enquiry into the matter. If he is right, it has to be dealt with and if he is wrong, he will face prosecution. It is not as though sexual harassment can go only against women.”
Although a formidable attempt was made by the Supreme Court Bar Association President Dushyant Dave and counsels appearing for the woman to dismiss the application, CJI said, “Where should he go if he faced such harassmentIJ There is no reason to shut him out when he is supporting the allegation with an affidavit.”