Complainant Gave 30 Pieces of Evidence: Bhushan on CJI Case
Bhushan tells The Quint the complainant “is very dejected” as she had given 30 pieces of documentary evidence.
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The woman who alleged sexual harassment by Chief Justice of India Ranjan Gogoi “is very dejected because she felt she had given a very detailed complaint which was backed by at least 30 pieces of documentary evidence,” senior Supreme Court lawyer Prashant Bhushan told The Quint.
He added that the complainant doesn’t have much of an option left as far as the sexual harassment allegation is concerned. At most she can file a criminal case against the CJI, but for that she would need the permission of the President of India.
“Whether the permission will be given to her under such circumstances, one can’t say,” said Bhushan.
The in-house committee has refused to share the report with the complainant. What does the law say?
Under the sexual harassment act the copy of the report has to be provided to the complainant. Now in this case they are providing a copy to the Chief Justice (Ranjan Gogoi), therefore, why shouldn’t it be provided to the complainant? They are citing the judgment of the Indira Jaising case, which was pre-RTI era. Besides in that judgment a third party is asking for the in-house committee report, here the complainant herself is asking for the report. Therefore, she is certainly entitled to know on what basis her allegations were not found to be substantiated, what is it that the committee examined, what evidence did they go through. She has written to the Bobde committee to provide a copy of the report. In case they don’t provide her a copy of the report, she can challenge it in the court.
Can the in-house committee report be made public?
It can certainly be given to the complainant and if the complainant chooses to put it in the public domain, she can because the only reason for not publishing the report is that it should not be done without her permission.
What are the options left with the complainant now?
As far as the allegation of sexual harassment is concerned, she can file a criminal complaint for which she would need the permission of the President of India. Whether the permission will be given to her under such circumstances, one can’t say. But that in any case, one legal option that she has. Apart from that she can certainly challenge the termination of services in the High Court or Supreme Court. She can also challenge the malafide FIR registered against her. She can also seek compensation for the violation of human rights by the manner how she was arrested and shackled and how her husband was shackled by the police. Her husband and brother-in-law can also challenge their suspension. She can challenge it in the High Court or Supreme Court.
How is the complainant dealing with the recent developments?
She is very dejected because she felt she had given a very detailed complaint, which was backed by at least 30 pieces of documentary evidence, which included video records of her conversation with the SHO, her husband’s shackling etc. But one doesn’t know how the committee has dealt with all these. It is rather strange that the committee could arrive to a conclusion so quickly without examining various witnesses, without going through all the evidence that she submitted. That’s why she has requested a copy of the report.
Will she file a complaint with the President of India for criminal proceedings against the CJI?
That she will see, can’t say right now.
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