Mihira Sood: If SC's Integrity Is Threatened, It Isn't From Allegations Against CJI Gogoi
NB: The CJI's conduct in this matter is prima-facie as shameful as that of his predecessor. If the legal fraternity allows this abuse of authority to bypass established norms of justice and due process, it is conniving at the destruction of the justice system. DS
On Saturday, April 20, normally a holiday for the Supreme Court, an unusual notice was circulated. It stated that a special bench comprising the Chief Justice of India Ranjan Gogoi, Justice Arun Mishra and Justice Sanjiv Khanna was being constituted to urgently deal with a case self-importantly titled “A Matter of Great Public Importance Touching Upon the Independence of Judiciary” that was to be mentioned by the Solicitor General Mr. Tushar Mehta at 10:30 am.
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The Attorney General and Solicitor General
seem to have forgotten that there exists something called separation of powers,
demarcating clear boundaries between the executive and the judiciary. Their
rush to defend the CJI is deeply troubling, for it gives the appearance of a
possible quid pro quo between the government and the accused. Nobody is asking
that people presume guilt or blindly believe the accuser. But objectivity
demands that we take a stand on Saturday’s proceedings and make it clear that
they have no place in a constitutional democracy. If there is any threat to the
integrity of the judiciary, it is not from such allegations, but from within.
On Saturday, April 20, normally a holiday for the Supreme Court, an unusual notice was circulated. It stated that a special bench comprising the Chief Justice of India Ranjan Gogoi, Justice Arun Mishra and Justice Sanjiv Khanna was being constituted to urgently deal with a case self-importantly titled “A Matter of Great Public Importance Touching Upon the Independence of Judiciary” that was to be mentioned by the Solicitor General Mr. Tushar Mehta at 10:30 am.
Meanwhile, four online
news portals had published a startling story alleging sexual harassment and
severe abuse of power by Chief Justice Gogoi, prompting speculation that that
the special bench would address that development. The accusations, which
can be accessed here, were made by a former Junior Court Assistant, and
detail two incidents of alleged molestation and the victimisation that she and
her family members suffered for her rejection of his advances, including loss
of employment, arrest and torture in police custody.
She was transferred thrice
to different sections within the Supreme Court, subjected to disciplinary
proceedings for objecting to the multiple transfers and for taking a casual
leave on a Saturday, and finally dismissed from the Supreme Court on 21
December 2018, barely three months after Justice Gogoi took office as the CJI.
By the end of that year, her husband and his brother, both of whom worked with
the Delhi Police, were also suspended from their respective jobs.
Many of the details
mentioned in her affidavit are accompanied by recordings, and incidents such as
transfers, disciplinary proceedings etc. are easily verifiable from the
records.... read more:
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