Accusing institutional disrupters' of destabilising the institution of Chief Justice of India (CJI) by lending shoulder to unverified allegations against the head of the apex court, Union Finance Minister Arun Jaitley on Sunday, 21 April, suggested that those who peddle falsehoods should be dealt with in an exemplary manner.
Jaitley wrote a blog post ‘It’s Time to Stand up With the Judiciary’ on his website, a day after allegations of sexual harassment surfaced against CJI Ranjan Gogoi.
The Supreme Court had held an extraordinary hearing on Saturday after a former employee of the apex court accused the CJI of sexual harassment and persecution.
The former employee has described two incidents of alleged molestation by Gogoi in her affidavit, both of which allegedly took place in October 2018, only days after he was appointed as the CJI.
Talking about the allegations, Jaitley said, “In terms of personal decency, values, ethics and integrity, the present Chief Justice of India is extremely well regarded. Even when critics disagree with his judicial view, his value system has never been questioned. Lending shoulder to completely unverified allegations coming from a disgruntled person with a not-so-glorious track record is aiding the process of destabilisation of the institution of the Chief Justice of India.”
The current Finance Minister also said that if those who peddle falsehood to destroy the institution are not dealt with in an exemplary manner, this trend will only accelerate.
Jailtey said that such complaints, when they are made in the ordinary course of any administrative functioning, are referred to the appropriate committee. However, when the complainant distributes copies of her representation to other judges of the Supreme Court and the media in order to sensationalise her allegations, it ceases to be routine.
Jaitley also referred to the Scroll, The Wire, The Caravan and Leaflet, and said, “When four digital media organisations with an unparalleled track record of ‘institutional disruption’ send similar questionnaires to the Chief Justice of India, there is obviously something more than what meets the eye.”
He regretted that the last few years have witnessed the consolidation of destabilisers of institution in a major way.
“For the ‘institutional disruptors’ there are no red lines,” wrote Jaitley.
He added, “Many of these destabilisers represent Left or ultra-Left views. They have no electoral base or popular support. However, they still have a disproportionate presence in the media and academia. When ousted from mainstream media, they have taken refuge in the digital and social media.”
The minister said that even though most of them subscribe to fringe ideologies and ideas, it is regrettable that a section of the members of the Bar, affiliated to the Congress party, tends to join them.
He also said that frequent attempts are made to get some parliamentarians to sign motion of impeachment against judges and even the chief justice on unsustainable grounds.
"What has always puzzled me is the Congress lending support to such fringe campaigns,” said Jaitley.
Jaitley said India has witnessed a series of attacks by disruptors against judges who are unwilling to agree with them.
He further added, “It may not be an exaggeration to say that today both in court and by creating an environment outside, a mass-intimidation of judges is on.”
Stating that reputation is an integral part of a person’s fundamental right to live with dignity, Jaitley said that an intimidated judge can fear consequences of a possible view that he is taking.
He continued and said it is therefore, essential that all well-meaning persons stand with the judicial institution when the destabilisers are ready for an assault.
Justice Gogoi was sworn in as the 46th Chief Justice of India on 3 October 2018. He retires on 17 November 2019.
(With inputs from PTI)
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