Justice Ranjan Gogoi was one of the four judges who, in a move unprecedented in Indian history, addressed a press conference to say that the administration of the SC was not in order. Since then Justice Gogoi has assumed the mantle of Chief Justice of India and has been in the news for various reasons; most recently for charges of sexual harassment levelled against him. Why is this important for you and me, the common citizens of India and what impact could this have on our judicial system?
An as yet unidentified 35-year-old woman, claiming to be a former part of the staff of the Supreme Court made a sworn affidavit and addressed it to 20 SC judges. According to the affidavit, she was sexually harassed over a period of few days by the judge at his home office. The alleged incidents happened a few months after he took office as CJI. Apparently, the judge took special interest in her personally and professionally and had her transferred to his home office; whereupon he made unwanted physical and sexual advances. She was then transferred repeatedly before being dismissed from her job.
The judge addressed this notice and called a special sitting of SC judges Justice Arun Mishra and Justice Sanjiv Khanna to “deal with a matter of great public importance”. Attorney General KK Venugopal and Solicitor General Tushar Mehta were also present at this special hearing.
At the hearing, the CJI was reportedly furious and came out sharply denying all allegations levelled against him. He expressed the view that this situation threatened the ‘independence of the judiciary’. He also reiterated that he would continue to preside and judge and adjudicate on matters. The judge also questioned the antecedents of his accuser, and referred to criminal cases against her. According to him, all this is part of a larger conspiracy to defame and dislodge him from his position.
In the meanwhile, Utsav Bains, an advocate has come forward with the claim that he was offered money to initiate false proceedings against Justice Gogoi. He has also claimed that some of the nation’s biggest corporate entities are behind this; a plot to conspire against the CJI. He has made an affidavit to this effect and has handed over CCTV footage to prove his claim that corporate entities and disgruntled court employees are acting as ‘fixers’ in this matter.
A three-judge bench of Justice Arun Mishra. Justice RF Nariman and Justice Deepak Gupta, has asked Bains to put all the information that he has before the court in a sealed envelope. CCTV footage was handed over to the Director CBI, Director IB and the Delhi Police commissioner in a closed-door meeting.
What is of worry for common citizens of the country is the behaviour of the judge in this case; and the scant regard paid to the principles of natural justice. For one, the CJI appears to have violated the cardinal principle of jurisprudence that no person can sit upon judgment in a matter pertaining to themselves. Secondly, he has framed the entire matter as a conspiracy against himself; which also apparently threatens the judiciary itself. This is tantamount to a judge giving his judgement in a matter without a hearing probe or investigation into the issue; where he should have recused himself from the matter and subjected himself to the due process of law
Thirdly, the judge called into question the antecedents of his accuser – this is the go-to defence of every individual ever accused in a matter relating to sexual abuse or exploitation. This is the kind of victim shaming that is irrelevant to and has no place in the judicial process relating to sexual misconduct because these are tactics that seekto pressure, defame and shame the accuser rather than the accused.
Further, why has the CJI overreacted and with such haste? The Vishakha guidelines lay down the procedure for investigating sexual harassment claims. They require the setting up of a committee comprised largely of women, including an external member to ensure fairness of the probe into the accusations. Is it not an enormous overreaction to place such a matter before a three-judge bench of the Supreme Court of the country rather let the matter be investigated by an inquiry committee?
Here the CJI appears to have ridden roughshod not only over the basic principles of jurisprudence but has also acted in contravention of rules and regulations laid down to govern just such incidents. In the process, the CJI, by his own actions has undermined the judicial process and has brought his high office into disrepute. He has done this far more effectively than an accusation of sexual misconduct against him could have –irrespective of whether it is proved to be true or false in the end.
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