Women’s Collective Demands Independent Inquiry into CJI Case

CJI Gogoi on Monday had received a clean chit from the SC’s In-House Committee in allegations of sexual harassment.

Gogoi got a clean chit from SC’s In-House Committee in allegations of sexual harassment against him.

(Photo: Aroop Mishra/The Quint)

Two days after Chief Justice Ranjan Gogoi was given a clean chit by the Supreme Court's In-House Inquiry Committee in the allegations of sexual harassment against him, Women Against Sexual Violence and State Repression (WSS) on Wednesday, 8 May, demanded an independent inquiry into the matter, saying the process adopted by the top court in addressing the matter has been "illegal and unethical right from the beginning".

The apex court’s In-House Inquiry Committee “found no substance” in the allegations of sexual harassment levelled against him by a former woman employee of the Supreme Court.

WSS, a nationwide collective of women from diverse political and social movements, asserted that the process adopted in addressing this complaint reflects a "shocking abuse of power by the sitting Chief Justice and a grave subversion of the independent judicial process". The collective aims to put an end to the violence against women and in societies.

The three-member committee, which completed its task in 14 days, proceeded ex-parte as the woman opted out of the inquiry on 30 April after participating for three days.

"WSS demands an independent inquiry as per law into sexual harassment complaint against CJI, not reprisals against the complainant and illegal detentions of protesters," a blogpost on the WSS website said.

Seventeen women were detained on Wednesday while they were protesting in New Delhi against the procedure adopted to deal with the harassment case against CJI.

"They were asked to protest at Jantar Mantar but they continued to protest at Connaught Place. Seventeen women were detained and taken to Mandir Marg police station. However, they were released later," news agency PTI quoted Deputy Commissioner of Police (New Delhi), Madhur Verma, as saying.

On Tuesday, 7 May, 55 protesters, mostly women lawyers and activists, were detained outside the Supreme Court in the national capital.

“The Committee has not made its report public or furnished a copy to the complainant. This not only violates due process, but thwarts the complainant’s right to appeal,” the blogpost said.

The complainant had on Monday said "gross injustice" had been done to her as a woman citizen of India and her "worst fears" have come true, and all hope of justice and redress from the highest court of the land have been shattered.

The WSS, in the blogpost, have demanded that:

• The Supreme Court hold an independent and impartial inquiry into sexual harassment complaint against the CJI as per the Vishaka Guidelines and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
• It has also urged the country's top court to ensure that the complainant gets adequate legal support, witness protection, and that she is shielded from intimidation and reprisals during and beyond the proceedings.
• In addition, the collective has requested the Bobde Committee to release a copy of the Report to the complainant, while seeking the CJI's removal from active juridical and administrative work while the inquiry is underway.
• It has also sought accountability for illegal detentions and manhandling of protesters on 7 and 8 May 2019.