Thursday, April 25, 2019

Dinesh Kamath's Editorial 'Unprecedented case involving CJI' that was published in Newsband


Unprecedented case involving CJI
Over 250 women lawyers and academics made an appeal to the apex court for a fair probe on the allegations of sexual harassment raised by a former employee against Chief Justice of India Ranjan Gogoi. A three-member committee of Supreme Court judges, comprising Justice S.A. Bobde, Justice N.V. Ramana and Justice Indira Banerjee, was formed to look into the allegations. An affidavit was submitted by the aggrieved woman to the 22 judges of the Hon'ble Supreme Court detailing the sexual harassment faced by her from none less than the Chief Justice of India. The 29 pages-long affidavit
The administrative persecution both by way of termination of employment, and registration of criminal cases against her and her family members came upon her when she rejected the sexual advances made by the Chief Justice. Equally worrisome was the response of the Chief Justice: apart from denying the charges, he constituted a Special Bench along with two other Judges at 10.30 am to hear a matter of “great public importance touching upon the independence of judiciary”. In short, he constituted a Bench to hear his own case.
The Chief Justice of India as well as the Special Bench have responded as most men, in public office or in positions of authority and power do, when accused of sexual misconduct. Denial of the allegations, maligning the complainant, citing past histories, imputing ulterior motives to the complainant are familiar and regular devices deployed by accused men. Equally common is the undertaking of vindictive measures including administrative harassment and suits of defamation against complainants.
The Bar Council of India has rubbished the complaint as an attempt to malign the Judiciary and termed it politically motivated that too in the absence of a duly conducted investigation or enquiry.
The women lawyers have demanded the following: A Special Enquiry Committee consisting of credible individuals be constituted, the Special Enquiry Committee should follow the norms of the IC, the Chief Justice of India should refrain from transacting official duties and responsibilities until the completion of the enquiry, the Complainant should be allowed legal assistance from lawyer of her choice and the enquiry should be completed within 90 days as stated in the law.
It is heartening to see the list of 250 highly concerned women lawyers and academics of the country who are extremely worried about the alleged sexual harassment faced by a former SC employee. These are the bright stars of the judiciary who can really protect the women's rights and the constitution of India.
A committee of high powered women leaders including Sonia Gandhi, Mamta Banerjee, Brinda Karat, Mayawati and possibly a prominent member of a Media house should lead the team on behalf of the Citizens and investigate this charge thoroughly.  If needed a JPC should be set up and guilty be punished.
However, the unprecedented charge against the hon'ble Chief Justice of the apex court has really taken the whole of nation by shock and surprise. But ultimately, what is imperative is to ensure a free and fair probe to assess the veracity of the charges.
There should be a fair probe against CJI and if found guilty should be tried as ordinary citizen as no one is over and above law  but if CJI comes pure and seems that It was just to vindicate him by the power of money for some favorable Judgement  than all those involved in this big Game of undermining Judiciary should be mutilated or  hanged openly for teaching  a lesson for ever to all those spreading lies and Fake news for small political or economic gains .This sentence should also be on these ladies if it is  found that all those supporting probe including Judges are a part of this game

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