[dropcap]A[/dropcap] group of more than 300 persons, including lawyers, scholars and civil society activists, has written an open letter to the judges of the Supreme Court to halt the in-house proceedings enquiring into the allegations of sexual harassment allegation against the Chief Justice of India (CJI) Ranjan Gogoi.
In a strongly worded letter, the group expressed concern over the manner in which the allegations by a former Supreme Court employee against CJI Gogoi were being probed and said the complainant had done the right thing in withdrawing from the proceeding after the committee declined her request for a lawyer or support person and video recordings of the proceedings.
“We … stand in solidarity with the decision of the complainant to withdraw from the in-house committee proceedings …The reasons given by her in the letter justify her decision to abstain, especially in the context of total imbalance of power vis-a-vis her on one side and the members of highest judiciary on the other,” the group said.
“… failing to stipulate the procedure to be followed, terming the proceeding as an ‘informal’, and not allowing a lawyer/support person to be present, completely ignores the unequal balance of power not only between the parties but also between the complainant and the Committee itself,” the group said.
Following the complainant’s withdrawal from the in-house-proceeding, the committee headed by Justice S A Bobde decided to hear the matter ex parte and allowed CJI Gogoi to depose before it.
“We are aware, that this is an extraordinary case that calls for extraordinary measures to be put in place …. However, extraordinary measures cannot and ought not to overlook, fundamental principles,” the letter said, while contending that “the current enquiry panel probing the allegations has completely delegitimised itself”.
“The manner in which the current in-house probe is proceeding it is in “violation of the 2013 Anti-Sexual Harassment legislation, the Vishaka guidelines, as well as natural justice principles,” they said,
The absence of an external member, whose role is to ensure that there is no undue pressure or influence on either the complainant or the witnesses during the enquiry, casts a shadow on the intent behind and the purpose of setting up this Committee itself, the letter said.
“We reiterate that the constitution of the three-judge Committee is inherently flawed, as the Chief Justice is senior to the three judges hearing the complaint and head of the Institution,” the group said, while demanding that the following measures be implemented to address the sexual harassment allegations against CJI Gogoi:
- A Special Enquiry Committee consisting of credible individuals be constituted to conduct a thorough enquiry at the earliest and create an atmosphere of transparency and confidence for the complainant to depose.
- The Special Enquiry Committee should follow the norms of the IC and the principles of natural justice and accordingly conduct its enquiry.
- The Chief Justice of India should refrain from transacting official duties and responsibilities until the completion of the enquiry.
- The complainant must be allowed to be represented by a lawyer/support person of her choice.
