E-Paper
SC disposes of suo motu proceedings on larger conspiracy against ex-CJI Ranjan Gogoi
The suo motu proceedings were initiated by a bench headed by former SC judge Justice Arun Mishra in April 2019.
The Supreme Court on Thursday closed the suo motu proceedings initiated by it in April 2019 to probe into the larger conspiracy behind allegations of sexual harassment leveled against then CJI Ranjan Gogoi.
A report filed by the one-man judge Committee headed by former SC judge, Justice (Retd) AK Patnaik that was set up to examine the veracity of allegations of conspiracy leveled by a lawyer Utsav Bains, was submitted to the Court.
After going through the report, a three-judge bench headed by Justice SK Kaul said, "The report acknowledges the existence of conspiracy cannot be ruled out."
However, in view of the limited mandate given to the Committee set up only to go into allegations made by Utsav Bains and not the merits of sexual harassment charges against ex-CJI Gogoi, the Committee felt constrained to proceed further. Also this exercise would require collection of electronic evidence in form of conversations on WhatsApp and Telegram.
As two years have elapsed and recovery of this electronic evidence would be difficult, the bench said, "No purpose will be served in continuing the proceedings. Accordingly the suo moto proceedings are closed."
The Justice Patnaik Committee recorded in its report that the Director Intelligence Bureau was of the view that the then CJI Gogoi having taken several tough decisions relating to the National Register of Citizens (NRC), there was "strong reasons to believe that such judgments may have acted as trigger to make such allegations (of sexual harassment) against then CJI".
Also, Justice Patnaik in his report said that some tough administrative decisions taken by then CJI to streamline the Registry of SC could also have acted as the trigger.
However, in view of limited mandate given to the Committee, the three-judge bench said, "in view of the limited mandate under the April 24, 2019 order the report opines that it cannot really enquire whether decision of CJI on judicial side in sensitive matters triggered off the conspiracy against the then CJI as remit of the Committee was only to enquire allegations made by Utsav Bains. Also in view of fact 2 years have passed and recovery of electronic record is unlikely, specifically keeping in mind the scope of enquiry.... No purpose will be served in continuing these proceedings."
The suo motu proceedings were initiated by a bench headed by former SC judge Justice Arun Mishra in April 2019. Later a lawyer Utsav Bains filed an affidavit making allegations of a conspiracy to malign then CJI hatched by persons in collusion with two dismissed employees of SC Registry. All his allegations were handed to Court in sealed cover and the same was forwarded to Justice Patnaik Committee.
Following the hearing today, Court ordered the report submitted by Justice Patnaik to be placed in sealed cover.
