Accused of molestation, MP judge loses powers

R Sedhuraman

Legal Correspondent

New Delhi, December 18

The Supreme Court today asked the Chief Justice of Madhya Pradesh High Court to divest one of his colleagues, accused of sexually harassing a woman Additional District and Sessions Judge (ADSJ), from undertaking all administrative and supervisory functions.

The apex court also restrained Chief Justice AM Khanwilkar from handling the complaint of sexual harassment of the woman. A Bench comprising Justices JS Khehar and Arun Mishra ruled the Chief Justice “having assumed a firm position in respect of certain facts contained in the complaint filed by the petitioner ought not to be associated with the in-house procedure” meant for such cases. The Bench noted that under the “in-house procedure” the CJ’s authority was limited to determining the requirement for a deeper probe in such cases. In this case, Chief Justice AM Khanwilkar had “travelled beyond the determinative authority vested in him” by constituting a two-judge committee which was the prerogative of the Chief Justice of India (CJI), it explained.

The SC identified the petitioner only as “X” and the HC judge as “A” in order to protect their dignity and reputation, respectively. The alleged victim had come to the SC challenging the inquiry procedure. The Bench said the inquiry would have to go to a CJ from another HC or to the CJI. The HC judge has denied all contentions of the sessions judge. According to her, the HC judge had asked her to dance to an “item song” at a function held on the occasion of his marriage anniversary in December 2013 and also whispered into her ear that she had a “sexy and beautiful figure.” She had refused to dance.