The absence of a mechanism to deal with sexual harassment complaints against sitting and retired judges prompted the Supreme Court on Tuesday to allow a victim who had allegations against a former apex court judge to bring on record the latest practices prevailing in this field.
The court also sought the response of its secretary general within eight weeks and posted the matter for hearing on November 15.
A bench of justices Sanjay Kishan Kaul, AS Oka and Vikram Nath allowed the petitioner, represented by senior advocate Indira Jaising, to file the latest developments as regards evolving a mechanism within the judiciary to handle such complaints.
“The senior counsel (Jaising) submits that she would like to file some additional material in view of lapse of time as to how processes have evolved and would like to have the stand of the Secretary General (of Supreme Court) on record qua the practices. Let the petitioner file the same on record within four weeks and Secretary General to place the stand on record within four weeks thereafter.”
The Court was hearing a plea by a former law intern who accused a former Supreme Court judge who later headed the National Green Tribunal of sexual harassment. The judge denied the claims as “baseless, fraudulent and motivated” and even obtained an order from the Delhi high court in January 2014 restraining the media from publishing any content which “highlights the allegations” made by the victim.
{{/usCountry}}The Court was hearing a plea by a former law intern who accused a former Supreme Court judge who later headed the National Green Tribunal of sexual harassment. The judge denied the claims as “baseless, fraudulent and motivated” and even obtained an order from the Delhi high court in January 2014 restraining the media from publishing any content which “highlights the allegations” made by the victim.
{{/usCountry}}On Tuesday, the bench also removed the judge from the array of parties as Jaising said, “The respondent name may be deleted as no relief is claimed against the party concerned.” The matter was last heard by the top court in March 2014.
Jaising told the court, “Much water has flown under the bridge since the filing of this petition. I would like to place the latest developments on record without naming any judges.”
Solicitor general Tushar Mehta appeared for the secretary general and requested the court that under the garb of filing any fresh material, the petitioner counsel should stick to explaining the mechanism, rather than cite instances.
The Court had admitted the petition for hearing in January 2014 as it noted, “As on date, there is no mechanism to enquire into the complaints of sexual harassment against all judicial officers, sitting or retired judges, whether while holding office or not,” and agreed to issue notice on this limited aspect.
Due to the importance of the issue raised, the court sought the assistance of the then attorney general, Goolam E Vahanvati, the then solicitor general, Mohan Parasaran, and appointed senior advocates Fali S Nariman and PP Rao as amici curiae (friends of court).