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CONSTITUTION OF PANEL BY JUSTICE BOBDE ILLEGAL, CJI GOGOI SHOULD BE TEMPORARILY SUSPENDED FROM HIS OFFICE: DEMANDED IN LETTER TO SUPREME COURT

Team SoOLEGAL 25 Apr 2019 10:29am

CONSTITUTION OF PANEL BY JUSTICE BOBDE ILLEGAL, CJI GOGOI SHOULD BE TEMPORARILY SUSPENDED FROM HIS OFFICE: DEMANDED IN LETTER TO SUPREME COURT

A letter was sent to the Judges questioning the constitution of three judge panel which was constituted by Justice Bobde for taking up the matter of allegations of sexual harassment against CJI Ranjan Gogoi.

A total of 250 ladies, including scholars, lawyers and women's groups and civil society members have shown dissent for the formation of such a panel. The Supreme Court have been approached seeking a Special Enquiry Committee be constituted and that such Committee should comprise of 'credible individuals'. The limitation period of 90 days to complete the inquiry is also sought through the letter. It was also demanded that the CJI should be temporarily suspended from his official duties until the completion of inquiry.

The specific demands raised in the letter are:

a) A Special Enquiry Committee consisting of credible individuals be constituted to conduct a thorough enquiry at the earliest and create an atmosphere of transparency and confidence for the complainant to depose.

 b) The Special Enquiry Committee should follow the norms of the IC and accordingly conduct its enquiry.

c) The Chief Justice of India should refrain from transacting official duties and responsibilities until the completion of the enquiry.

d) The Complainant should be allowed legal assistance from lawyer of her choice.

e) The enquiry should be completed within 90 days as stated in the law.
The letter also mentioned that the contents of the affidavit filed by the Complainant are completely shocking, but they had the power of worrying the CJI. Thus the matter should be dealt fairly and transparently.

A part of the letter read as:

"We are both shocked and saddened that the Chief Justice of India as well as the Special Bench have responded as most men, in public office or in positions of authority and power do, when accused of sexual misconduct. Denial of the allegations, maligning the complainant, citing past histories, imputing ulterior motives to the complainant are familiar and regular devices deployed by accused men. Equally common is the undertaking of vindictive measures including administrative harassment and suits of defamation against complainants".

"...The Bar Council of India has rubbished the complaint as an attempt to malign the Judiciary and termed it politically motivated. In the absence of a duly conducted investigation or enquiry, we are puzzled about how the BCI, lawyers and judges are concluding with such haste that the complaint is false, baseless and motivated".

Tagged: Supreme Court   CJI Ranjan Gogoi   Justice SA Bobde   Sexual Harassment   Enquiry   Bar Council of India  
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