In a first, the Supreme Court on Thursday directed for an in-house probe against a sitting Madhya Pradesh High Court judge, to look into sexual harassment allegations by a former woman judge against him.
A bench led by Justice J S Khehar quashed the ongoing in-house inquiry ordered by the HC Chief Justice while holding that only the Chief Justice of India could order an in-house probe to ensure fair inquiry.
The bench said that the HC Chief Justice, who had directed that a two-member inquiry committee be set up to probe allegations by the former district court judge of Gwalior, traversed beyond his authority. Only the CJI, the court held, was empowered to order a probe and that the HC chief justice’s role was limited to determine if a deeper probe was required or not.
The court also divested the accused judge of his administrative and supervisory authorities in order to ensure the witnesses do not feel any kind of pressure while testifying. The judge in question would however continue discharging his judicial functions.
The woman, in her petition, had demanded that the HC panel be scrapped since she felt it would not provide her justice, and pleaded with the bench to constitute a new panel.
Her petition said that the Chief Justice of India should order a three-member panel, comprising two chief justices from other high courts and a third judge as a non-judicial member. She cited the in-house procedure adopted by a full court meeting of the Supreme Court in December 1999, as per the Vishaka guidelines on combating sexual harassment at the workplace.
In an interview to The Indian Express — her first after she resigned — the former judge had alleged that the HC judge had threatened her with dire consequences. She said: “After my transfer, he told me: Aap mere bungalow par ek baar bhi akeli nahin aayi ho. Aapne meri baat na maanne ka parinaam bhugta hai. Aage dekhiye main aapka career tabah kar doonga, chaupat kar doonga (He told me that I had never visited his bungalow alone. That my transfer was the price I paid for not doing as he wished. Wait and watch as I destroy your career).”
The woman judge had also said that she had not lodged a formal complaint against the HC judge as she wasn’t given an opportunity to do so. She had said that the inquiry being conducted currently was a “sham and an eyewash” aimed at “continuing her harassment and saving the accused”.
In her petition, the woman asked for an order to suspend assignment of work to the accused HC judge and also sought his removal if her accusations are found to be true.
She has also said that her resignation was a “constructive termination” and that she should be reinstated with all benefits.
She had earlier raised objections to the inclusion of a Madhya Pradesh HC judge in the committee set up to look into her complaint.
Indian Express | December 18, 2014
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