All is not well in the CJI sexual harassment case as a section of the Supreme Court judges haveadvised the panel inquiring the sexual harassment case against the CJI not toproceed with the inquiry without having complainant on board.
The complainant withdrew from the inquiry alleging hostilityof the panel and refusal of lawyer's help during the conduct of inquiry besidesnon availability of the transcripts of the day's proceedings.
A sitting judge of the Supreme Court, Justice DY Chandrachud, has asked the in-house panel probing allegations of sexual harassment against Chief Justice of India Ranjan Gogoi to not proceed with the inquiry "ex parte", The Indian Express has learnt.
Justice Chandrachud, accompanied by Justice RohintanNariman, met the inquiry panel comprising Justices S A Bobde, Indu Malhotra andIndira Banerjee on Friday, where the two judges believed to have discussedtheir concerns about the ongoing probe with the panel.
On May 2, Justice Chandrachud wrote to the three judges inthe probe panel that the credibility of the Supreme Court would be furtherdamaged if they decided to continue with the probe in the absence of thecomplainant, who has withdrawn from the inquiry.
He also suggested that the committee could either accede tothe complainant's 'equest to provide her with a lawyer or appoint an amicuscuriae for the probe.
The inquiry committee had decided to proceed "ex parte" orcarry on in her absence after the complainant declared that she was withdrawingfrom the probe.
This decision was taken by the three judges on April 30 whenthe complainant said that she was "compelled to walk out" because the judgeswho are part of the panel did not seem to appreciate the fact that "this wasnot an ordinary complaint but was a complaint of sexual harassment against asitting CJI" and refused to allow a lawyer or support person to accompany herduring her deposition.
The complainant, after two sittings, lasting about threehours each, chose to withdraw during the third sitting and told the committeeabout her decision to do so. The three judges are said to have told her theywere left with no choice but to continue with the proceedings ex parte. OnWednesday, CJI Gogoi appeared before the probe panel.
The complainant, in a letter to the committee, and in apress release on Tuesday, said that she found the committee intimidating. Andthat there was a need to adopt a "procedure that would ensure fairness andequality in the highly unequal circumstances" she said she was placed in. "Ihad hoped that the approach of the committee towards me would be sensitive andnot one that would cause me further fear, anxiety and trauma," she added.
In her 28-page original complaint, the woman had allegedthat on October 10 and October 11, 2018, the CJI had made sexual advances inhis home office, where she was posted, and touched her inappropriately.