Hot Off The PressNews

The In-House committee, headed by Justice SA Bobde, also comprising Justices Indira Banerjee and Indu Malhotra, found “no substance” in the sexual harassment allegations levelled by a former Supreme Court employee against the CJI Ranjan Gogoi.

The notice published on Supreme Court website read that the report has been submitted to the next senior judge competent to received the report i.e. Justice Arun Mishra. A copy of the report has also been handed over to the Chief Justice. It also stated that according to the verdict in Indira Jaising v. Supreme Court of India, (2003) 5 SCC 494, the report of any Committee constituted as a part of in-house procedure can’t be made public.

The former employee had submitted her complaint against the CJI in an affidavit form to 22 Supreme Court judges on April 19.


Also Read: 

Sexual Harassment allegations against CJI: 2-judge bench to hear the matter after CJI opts out mid-way

Sexual Harassment allegations against CJI: Order on advocate’s claims of conspiracy to frame CJI Gogoi reserved

Sexual Harassment allegations against CJI: Justice AK Patnaik to look into ‘conspiracy’ angle

Case BriefsSupreme Court

Supreme Court: A special 3-judge bench of Arun Mishra, Rohinton Nariman and Deepak Gupta, JJ has appointed former Supreme Court judge, Justice A. K. Patnaik, to hold an inquiry into the allegations made in the affidavits.to probe an advocate’s claim that there was a “conspiracy” to frame Chief Justice Ranjan Gogoi in a sexual harassment case.

The bench, however, clarified that the outcome of the inquiry shall not affect the in-house procedure/inquiry which is pending in the administrative side in any manner whatsoever. It said,

“this inquiry shall not be with respect to the alleged misbehaviour involving Hon’ble The Chief Justice of India. This is with respect to the contents of the affidavits, whether the affidavits are correct or not.”

The Court also asked the Director of Central Bureau of Investigation (CBI), the Director of Intelligence Bureau (IB) and the Commissioner of Police, Delhi, to cooperate with the Hon’ble Judge as and when their services are required at any point of time for the purpose of investigation of the matter.

Asking Justice Patnaik to submit a report to this Court on the basis of the inquiry as to the allegations mentioned in the affidavits, the bench said that it will next take up the matter after the report is submitted.

On 24.04.2019, Advocate Bains had submitted an affidavit in Court in a sealed cover. The bench had directed that,

“It is to be kept in a sealed cover in total confidentiality, as it contains highly sensitive information pertaining to the alleged conspiracy, according to him, to frame Hon’ble The Chief Justice of India into a case of sexual harassment.”

Naming Tapan Kumar Chakraborty and Manav Sharma and others in his affidavit, Advocate Bains had mentioned that,

“the disgruntled employees have ganged together in order to frame Hon’ble The Chief Justice of India in the false charge of sexual harassment after their dismissal from their services.”

He has also alleged that they have asserted that they could fix the Bench of the Judges.

The Court had, on 24.04.2019, said,

“Considering the seriousness of the allegations as the system has absolutely no place for such fixers, we cannot leave the matter at that. It becomes our responsibility to keep this Institution clean as well as to ensure that the image of this Institution is not tarnished by such allegations to undertake the probe in the matter.”

[In Re : Matter of great public importance touching upon the Independence of Judiciary, 2019 SCC OnLine SC 604, order dated 25.04.2019]


Also read:

Sexual Harassment allegations against CJI: Order on advocate’s claims of conspiracy to frame CJI Gogoi reserved

Sexual Harassment allegations against CJI: Advocate claiming ‘conspiracy’ to appear before SC tomorrow

Sexual Harassment allegations against CJI: 2-judge bench to hear the matter after CJI opts out mid-way

Hot Off The PressNews

Supreme Court: A special 3-judge bench of Arun Mishra, Rohinton Nariman and Deepak Gupta, JJ has reserved its order on the issue of setting up an inquiry committee to probe an advocate’s claim that there was a “conspiracy” to frame Chief Justice Ranjan Gogoi in a sexual harassment case. The bench will pronounce its order later in the day.

During the course of the hearing, advocate Utsav Bains, who made the claim about a conspiracy to frame Justice Gogoi, submitted an additional affidavit on the direction of the court. In his affidavit, Bains submitted that he cannot share the names of the “fixers” as “privileged communication under the Advocates Act” cannot be disclosed.

Attorney General KK Venugopal said the claim of privilege under Section 126 of the Evidence Act is not applicable to any communication between Bains and the alleged fixers. He said that a court can ask for any document relevant to a case.
Supporting the Attorney General’s argument, Supreme Court Bar Association (SCBA) president Rakesh Khanna submitted that there is “no sacrosanct right” to withhold any document. He said that the court has the power to seek production of documents over which privilege
is claimed.

“Whatever he (Bains) divulged to us, in any case, our power to inspect the documents is there,”

Mishra, J said,

“There is systematic attempt/game, so many things have not come out. The truth has not come out. These things are in the air for a long time and people of the country must know the truth. There has been a systemic attack against the Supreme Court,”

“We are in anguish the way this institution is being treated for the last 3-4 years is as if this institution will die. This is the court made by the likes of Fali Nariman, Nani Palkhiwala, K Parasaran. … Every day we hear about bench-fixing, every day we hear of wrong practices in this court. This has to go. The day has come when we have to rise to the occasion and tell the rich and powerful that they cannot run the Supreme Court. … Don’t provoke us anymore. We want to tell the rich and the powerful that they are playing with fire. This is not the way a country can run,”

Senior advocate Indira Jaising told the court that the inquiry headed by Justice S A Bobde into the sexual harassment charge and the case before the court should be conducted together.

Mishra, J, however, clarified that that the outcome of this inquiry into the conspiracy charge will not affect that inquiry into the sexual harassment charge. He remarked,

“Three to five per cent lawyers are giving a bad name to this institution. Don’t provoke us any further, we are worried as judges. We will see
how it can be an independent inquiry.”

On Tuesday, a three-member committee of the court led by Justice Bobde, the senior-most judge after the Chief Justice, was formed to look into the allegation of sexual harassment made by a dismissed employee against Justice Gogoi. The other two members of the committee are Justices NV Ramana and Indira Banerjee. Justice Ramana is the third in the seniority list in the Supreme court and will the Chief Justice after the retirement of Justice Bobde.

(Source: ANI)


Also read:

Sexual Harassment allegations against CJI: Advocate claiming ‘conspiracy’ to appear before SC tomorrow

Sexual Harassment allegations against CJI: 2-judge bench to hear the matter after CJI opts out mid-way

Hot Off The PressNews

Supreme Court: A 3-judge bench of Arun Mishra, RF Nariman and Deepak Gupta, JJ has sought response from advocate Utsav Bains, who claimed that there is a conspiracy to frame up the Chief Justice Ranjan Gogoi in a sexual harassment case. The Court has posted the matter for hearing tomorrow and has sought Utsav Bains’s presence before it.

The bench was hearing a case relating to the sexual harassment allegations against CJI Gogoi. The charges have been leveled by a dismissed
woman employee of the Supreme Court.

Advocate Utsav Bains on Monday filed an affidavit saying there was a larger ‘conspiracy’ playing out to compel the CJI to resign. He claimed that when he refused to take up the case on finding several loopholes in her story, the person offered him Rs 50 lakh, which was raised to Rs 1.50 crore. Bains further claimed that on inquiry, he found that “certain fixers”, who claim to be engaged in illegally managing judgments in exchange for cash, were behind the plot as the Chief Justice had taken decisive action to crack down on such fixers.

“The said fixer Romesh Sharma was running a ‘cash for judgment’ racket in cahoots with businessmen and politicians and had exercised considerable influence for years, which ultimately was brought to an end by the present CJI, as he took decisive action against them after becoming CJI.”

He further claimed,

“There was a conspiracy against the Chief Justice of India to force him to resign and thereby threaten every judge with dire consequences for being free and fearless in dispensing justice while pronouncing judgments against the rich and powerful in the country.”

On Saturday, a Special bench met for a sitting to discuss online media reports of sexual harassment allegations against CJI Ranjan Gogoi. The bench said,

“The independence of the judiciary is under very serious threat and there is a larger conspiracy to destabilise the judiciary,”

The hurriedly constituted 3-judge special bench headed by CJI Ranjan Gogoi, in the case related to allegations of sexual harassment against the CJI, was reduced to a 2-judge bench when CJI left it to justices Arun Mishra and Sanjiv Khanna to take a call on the issue of passing judicial order.

As the hearing progressed, the CJI opted out midway from passing any judicial order and said,

“I am not going to be a part of the judicial order. Justice Arun Mishra is the senior most judge available in Delhi and he will dictate the order,”

The bench, however, did not pass any judicial order and left it to the wisdom of the media to decide on the publication of reports in order to protect the independence of the judiciary.

(Source: ANI)