Protest outside SC against procedure adopted to reject sexual harassment charge by ex-staffer
The former woman employee of the Supreme Court who levelled sexual harassment allegations against Chief Justice of India Ranjan Gogoi, on Tuesday sought a copy of the report of the In-House Enquiry Committee, which gave clean chit to the CJI.
Meanwhile, 55 protesters, mostly women lawyers and activists, were detained outside the SC for protesting against the procedure adopted to deal with a sexual harassment case against the CJI. “If the Supreme Court itself is violating the norms, then there will be no value in the system left,” said a protester.
The woman complainant said, “The in-house proceeding rules are now being used to deny me and the public a right to the report... It appears from the press release that even I, the complainant, will not to be provided with a copy of the report. I have a right to the report, the reasons for the same as well as copies of the depositions of any witnesses, any other persons or any other evidence considered by the Committee.”
She added if the CJI is given a copy of the report, directly or indirectly, the complainant too is entitled to it.
The CJI on Monday got a clean chit from a three-member committee headed by Justice SA Bobde which found “no substance” in the allegations of the former woman employee and further ruled that the report was not “liable to be made public”.
The Committee, which completed its task in 14 days, proceeded ex-parte as the woman had opted out of the enquiry on April 30 after participating for three days over feeling intimated by the panel. In a letter to Justice Bobde, the woman has alleged lack of transparency in the functioning of the enquiry panel and said that now, not providing her a copy of the order “would be a violation of the principles of natural justice and a complete travesty of justice”.
She alleged that in the first hearing, she was not given any clarity on whether the present proceedings were the in-house.
“I find it rather strange that the complainant in a case of sexual harassment is not to be provided with a copy of the report which finds her complaint to be without substance and that my complaint has been held by the committee to be this without giving me any reasons for the same,” she said, adding that both the parties had a right to receive a copy of the report.
“I am shocked that despite my detailed affidavit, ample corroborative evidence and clear, consistent statement before the Committee reiterating my experience of sexual harassment and consequent victimisation the Committee has found ‘no substance’ in my complaint and affidavit.
“I am shocked that Committee has come to an adverse finding against me despite the fact that I was compelled to withdraw from the Committee since the committee did not observe even the most basic principles of natural justice,” she said in a statement.
She alleged that from the beginning she was treated as an outsider and was not informed of the procedure and her basic rights and obligations with regard to the inquiry proceedings. The complainant further alleged lack of transparency in the functioning of the Committee and said a great prejudice was being caused to her repeatedly. Regarding the judgement cited by the apex court committee while refusing to provide her a copy of the order, she said it was given at a time prior to the Right to Information Act.
“Even according to the full bench judgment of the Delhi High court in the Assets disclosure case, such a report should be accessible to any citizen under the RTI. The full bench had held that even assets of judges would be accessible under RTI to any citizen.
“In these circumstances I request you to kindly provide me with a copy of the report since I have a right to know how, why and on what basis have your Lordships found my complaint to have ‘no substance’,” the statement said.
The allegations against the CJI had become public on April 20 when some news web portals had come out with the stories. The woman had sent her affidavit to 22 judges of the apex court about the alleged sexual harassment.
Within hours of the allegations coming into public domain, an unprecedented hearing by a bench comprising CJI and Justices Mishra and Sanjiv Khanna had taken place on April 20 which was Saturday.