'Why repeatedly skipping inquiries?' Sources on CJI accuser's demand for clean chit copy
CJI Ranjan Gogoi
Reacting to the demand of in-house committee order made by former Supreme Court woman staffer, who had alleged she was sexually harassed by Chief Justice of India (CJI) Ranjan Gogoi, sources have said it is not possible because of the mandate of the apex court's committee.
The complainant, who worked as junior court assistant (an entry level clerical rank), had expressed "shock" over the clean chit given to the CJI in the case and demanded a copy of the in-house committee order. The ex-staffer asserted that she had a right to it.
The ex-woman staffer had raised the Vishakha guidelines of 1997 in demanding the proof, but sources said the guidelines were superseded by the POSH Act of 2013. "It is true that the POSH Act also has the provision to a copy of the findings to the complainant but it has to be borne in mind that in-house procedure pertains to sitting high court and Supreme Court judges who are vulnerable on account of sensitivity of the issues they handle, to motivated and false complaints so as to pressurise them. The Supreme Court's in-house procedure has the sanctity of being termed as a special law which shall prevail over the general law on the shubject i.e. the POSH Act of 2013," sources said.
They also questioned why the complainant is skipping participation in the procedural inquiries repeatedly. "She participated in the proceedings for three days and when she was supposed to answer the queries about unexplained delay of more than six months, she concocted reasons to walk out," sources said.
The in-house committee led by Justice S A Bobde had on Monday given a clean chit to CJI Gogoi in the sexual harassment case. The committee, also comprises Justices Indu Malhotra and Indira Banerjee, said it found no substance in the sexual harassment allegations against the CJI.
The Chief Justice appeared before the panel on May 1.
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The Bar Council of India (BCI) had earlier said that there was "something fishy" in the sexual harassment allegations levelled by her against CJI Gogoi. In a statement directed to members of legal fraternity, judges and people of the country, the BCI claimed that there was some very strong support behind the complaint against the CJI.