This is a procedure, after all, that does not contemplate the possibility, at all, of a complaint of misconduct against the Chief Justice of India, as all complaints against Supreme Court judges are to be evaluated by the CJI, who has the final say over what is to be done. Even the reports of the in-house inquiry committees are considered “preliminary in nature, ad hoc and not final” and are meant only to advise the CJI on what to do next.

This is a procedure, after all, that allows inquiry committees to formulate their own rules of procedure, with no strings attached. Which allowed Justice Bobde to specify that the complainant couldn’t be allowed a lawyer and that it was ok for them to not inform her the procedure the inquiry would follow. And which also allowed the panel to proceed ex parte after the complainant decided to opt out of it.

This is a procedure, after all, that allows inquiry committees to formulate their own rules of procedure, with no strings attached. Which allowed Justice Bobde to specify that the complainant couldn’t be allowed a lawyer and that it was ok for them to not inform her the procedure the inquiry would follow. And which also allowed the panel to proceed ex parte after the complainant decided to opt out of it.

That these decisions rendered the process unfair was pointed out not just by many commentators and women advocates, but also (reportedly) by Justice DY Chandrachud of the Supreme Court. Justice Chandrachud is supposed to have written to the judges on the inquiry panel counselling them against proceeding as they were, asking them instead to allow the woman to bring her lawyer along (or at least appoint an amicus curiae), and to appoint a retired woman judge as an external member. This clearly shows that the future CJI (as per custom) clearly understood how this probe could affect the reputation of the Supreme Court as an institution in the minds of the public, and how important it was that the inquiry be conducted in a manner that shows they are “fair-minded” and “even-handed”.

ADVERTISEMENTREMOVE AD

Members Only

SC Panel’s Clean Chit to CJI Gogoi Sadly Comes as No Surprise

The response to the allegations of sexual harassment against the Chief Justice has been problematic from the start.

Vakasha Sachdev

Updated: 16 Mar 2020, 10:01 PM IST

Opinion

Small

Medium

Large

(On 16 March, President Ram Nath Kovind nominated former Chief Justice of India Ranjan Gogoi to be a member of the Rajya Sabha – to be one of the 12 President’s nominees with special knowledge/practical experience. This article is being republished from The Quint’s archives in light of this development.)

“The In-House Committee has found no substance in the allegations contained in the Complaint dated 19.4.2019 of a former employee of the Supreme Court of India.”

Read Latest News and Breaking News at The Quint, browse for more from opinion

Topics: CJI Ranjan Gogoi Justice Bobde CJI Sexual Harassment Case

Published: 06 May 2019, 10:46 PM IST