Sexual harassment charges: Bar bodies frown upon unusual hearing; SC employees’ associations back CJI

Tribune News Service
New Delhi, April 22

The controversy surrounding allegations of sexual harassment against Chief Justice of India Ranjan Gogoi leveled by a dismissed employee of the Supreme Court refuses to die down.

Two days after a three-judge Bench held unusual hearing on the issue, bar bodies on Monday frowned upon the manner in which it was dealt with by the court, terming it "violation of procedure established by law" even as court employees’ associations backed the CJI.

The Supreme Court Bar Association (SCBA) and the Supreme Court Advocate on Record Association (SCAORA)—the two top bar bodies of the apex court—demanded that the matter should be inquired into.

In a resolution passed by its executive committee, the SCBA requested the Full Court of the Supreme Court (i.e. all judges) to take all necessary steps required in law in such cases.

The resolution said: “Without prejudice to any enquiry  that may be initiated as above, the full court should collate all the materials and facts with regard to the allegations from electronic, print, social media and other available sources, which may be considered in its next meeting.”

"The procedure adopted for conducting the court proceedings on April 20 in the matter of allegations made by ex-employee of the Supreme Court against the Chief Justice of India is in violation of procedure established by law as well as principles of natural justice," SCBA Secretary Vikrant Yadav said.

He said: "The committee further resolved and requested the Full Court of the Supreme Court to take all such necessary steps as may be required in law in this regard." Allegations of sexual harassment had cropped up against the CJI on April 20 prompting him to convene an urgent extraordinary hearing in which he asserted that the charges by a former apex court staffer were "unbelievable" and part of a conspiracy by some "bigger force" to "deactivate" the CJI's office.

SCAORA expressed "deep reservation" against "procedural impropriety" shown by CJI Gogoi in dealing with sexual harassment allegations against him and said the charges should be dealt with as per established procedure.

"The allegations of the ex-employee of the Supreme Court have to be dealt with as per the established procedure of law and law must be applied in each and every case uniformly,” SCAORA said in a resolution, strongly disapproving of the manner in which the complaint was dealt with.

Seeking an enquiry and action in the matter, SCAORA demanded appointment of a committee headed by Full Court of the Supreme Court to impartially investigate and inquire into the allegations.

"It is therefore resolved that the Supreme Court Advocates on Record Association strongly disapproves the manner in which the complaint was dealt with and seeks enquiry and action in the above matter and further seeks immediate appointment of a committee headed by full court of the Supreme Court to impartially investigate and inquire into the allegations made against the Chief Justice Ranjan Gogoi, and give independent finding into the matter," the resolution said.

A three-judge Bench of CJI, Justice Arun Mishra and Justice Sanjiv Khanna had conducted the hearing on Saturday but the order issued by the court didn’t have the CJI’s signature on it as the Justice Gogoi had left it to Justice Mishra to deal with the issue.

However, the Supreme Court Employees Welfare Association came out in support of the CJI, strongly condemns the "false, fabricated and baseless allegations" against him, saying these were aimed at maligning the institution of judiciary.

"The Supreme Court Employees Welfare Association on behalf of all the employees strongly condemns the false, fabricated and baseless allegations against Chief Justice of India Ranjan Gogoi," it said in a resolution.

The Supreme Court Secretarial Staff Welfare Association too came out in support of the CJI. “In the entire history of the Supreme Court of India there is not even a single instance of any female secretarial staff member has ever made aby complaint of any kind of harassment against any of the Hon’ble CJIs/Hon’ble Judges,” it said in a statement.

“All the Secretarial Staff members firmly stand behind the Hon’ble Chief Justice of India. We are against the hidden agenda, if any, that may malign the reputation of the judiciary,” it said.