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Judge in his own cause?

Janaki Jambunathan

Well-known member
One, did the Chief Justice of India (CJI) become a judge in his own cause by being part of the Bench? After all, the allegations directly pertain to him.

Sexual harassment allegation: CJI Ranjan Gogoi’s presence on Bench raises eyebrows

Krishnadas Rajagopal
NEW DELHI , APRIL 21, 2019 00:10 IST
UPDATED: APRIL 21, 2019 00:11 IST

The hearing in open court saw the Chief Justice of India orally remark on the complainant.
The participation of Chief Justice of India Ranjan Gogoi on the Supreme Court Bench, which heard the “extraordinary” session on Saturday into the online publication of sexual harassment allegations levelled against him by a former apex court employee, raises two pertinent questions.

One, did the Chief Justice of India (CJI) become a judge in his own cause by being part of the Bench? After all, the allegations directly pertain to him. Two, is there a formal procedure to deal with allegations of sexual harassment against the CJI?
In interest of fair play
Senior advocate Indira Jaising said the CJI should have “absolutely not” been part of the Bench.

In her response, senior lawyer Vrinda Grover said it was the “cardinal and basic rule of fair play that a person cannot be judge in his own cause”.
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“In the circumstances of this case, where the charge of sexual harassment, victimisation and intimidation has been made against a person holding the highest judicial office of the country, it is imperative that for the credibility of the institution, and confidence of the people in the judiciary as well as for the right to justice of the woman complainant, no hearing presided by the CJI ought to have been held,” Ms. Grover said.

 

naithru

Active member
Madam JJ,
It is like cinema story masterplan,
From WA postings

[Re sexual harassment case against current CJI Gogoi

Please note the following sequence of events.
1) Rahul Gandhi is pulled up for misquoting Supreme court, he'll have to appear for criminal contempt of court.

2)A case has been posted wherein he is asked to clarify whether he was a British citizen, whether he still is or he is Indian citizen.

3) Overnight an allegation is made against CJI

4)It's a case of sexual harassment, and the story is broken by
@
a) Scroll
b) Wire
c)Caravan
d)Leaflet

The Wire owned by Siddharth Varadarajan who is an American and resigned from The Hindu

The person who made the allegation against CJI is a member of Indira Jaisingh's NGO "The Lawyers Collective"

There is a connection between Nandini Sundar & Congress, a quid pro quo. Nandini is Wire

scroll is funded by a couple US based investors. (ebay connection,)

Indira Jaisingh(a lawyer of Kathua Hindu rapist fame) & Husband Anand Grover who owns Leaflet.

Caravan a pro Gandhi family i magazine which was rapped for classifying dead soldiers according to their caste and religion

Requires wide angle lens !
 

KRN

Active member
There are forces that are trying to destabilise the judiciary. There are bigger forces behind these allegations hurled at me."
I hope that in the coming days Justice Gogoi would be able to share more details on the above.
 

Janaki Jambunathan

Well-known member
Wide Angle view

On 12 January 2018, Justices Ranjan Gogoi along with Justices J Chelameswar, M B Lokur, and Kurian Joseph of the Supreme Court of India, for the first time in the history of the Supreme Court, held a press conference, alleging problems plaguing the Supreme Court, in terms of failure in the justice delivery system and allocation of cases. During the press meet, the four judges told journalists that the press conference was prompted by the issue of allocating to Justice Arun Mishra,[30] the case of the death of special CBI Judge B.H.Loya.[31] Loya, was a special CBI judge who had died in December, 2014. Justice Loya was hearing the Sohrabuddin Sheikh case of 2004, in which police officers and BJP chief Amit Shah are named. Later Justice Arun Mishra recused himself from the case.[32] Justice Chelameswar retired on June 30, 2018, leaving Justice Ranjan Gogoi as the second senior-most judge of the Supreme Court of India followed by Justices M B Lokur and Kurian Joseph.[33] Notwithstanding all this, CJI Dipak Misra still appointed Gogoi as his successor.
 

KRN

Active member
In a series of tweets, Jaising, who was additional solicitor general during the UPA-II regime, asked since the "government has so vociferously defended the Chief Justice of India,
should he not recuse from hearing any cases relating to the government?"
 

Jaykay767

Well-known member
Madam JJ,
It is like cinema story masterplan,
From WA postings

[Re sexual harassment case against current CJI Gogoi

Please note the following sequence of events.
1) Rahul Gandhi is pulled up for misquoting Supreme court, he'll have to appear for criminal contempt of court.

2)A case has been posted wherein he is asked to clarify whether he was a British citizen, whether he still is or he is Indian citizen.

3) Overnight an allegation is made against CJI

4)It's a case of sexual harassment, and the story is broken by
@
a) Scroll
b) Wire
c)Caravan
d)Leaflet

The Wire owned by Siddharth Varadarajan who is an American and resigned from The Hindu

The person who made the allegation against CJI is a member of Indira Jaisingh's NGO "The Lawyers Collective"

There is a connection between Nandini Sundar & Congress, a quid pro quo. Nandini is Wire

scroll is funded by a couple US based investors. (ebay connection,)

Indira Jaisingh(a lawyer of Kathua Hindu rapist fame) & Husband Anand Grover who owns Leaflet.

Caravan a pro Gandhi family i magazine which was rapped for classifying dead soldiers according to their caste and religion

Requires wide angle lens !
Or the ruling party wants to desperately escape the more serious rafale case ? Remember, all the drama of firing CBI director at midnight, case threat to journalists N Ram on stolen documents / official secrets act, falsifying sealed cover on non existent CAG report and PAC etc...

How cleverly this has been hoisted on the opposition !!! LOL !!

Point 1 and 2 are not serious cases, at best a rap on the knuckles. An apology will be the most for point 1 and not allowed to contest - highly doubtful.

Rafale is a serious case and order for investigation or any adverse remarks will pull down the govt immmeditely !!
 

Jaykay767

Well-known member
Naithru, Just so to clarify, I am not saying you are hoisting this on the oppositon !!

This story is doing the rounds on social media ...I am saying how cleverly the ruling party has hoisted on the opposition !! LOL !
 

Jaykay767

Well-known member
Wide Angle view

On 12 January 2018, Justices Ranjan Gogoi along with Justices J Chelameswar, M B Lokur, and Kurian Joseph of the Supreme Court of India, for the first time in the history of the Supreme Court, held a press conference, alleging problems plaguing the Supreme Court, in terms of failure in the justice delivery system and allocation of cases. During the press meet, the four judges told journalists that the press conference was prompted by the issue of allocating to Justice Arun Mishra,[30] the case of the death of special CBI Judge B.H.Loya.[31] Loya, was a special CBI judge who had died in December, 2014. Justice Loya was hearing the Sohrabuddin Sheikh case of 2004, in which police officers and BJP chief Amit Shah are named. Later Justice Arun Mishra recused himself from the case.[32] Justice Chelameswar retired on June 30, 2018, leaving Justice Ranjan Gogoi as the second senior-most judge of the Supreme Court of India followed by Justices M B Lokur and Kurian Joseph.[33] Notwithstanding all this, CJI Dipak Misra still appointed Gogoi as his successor.
More the reason for this govt to hoist a false case and eject him ?? I mean he spoke against them in an unprecented act of rebellion ?
 

Jaykay767

Well-known member
In a series of tweets, Jaising, who was additional solicitor general during the UPA-II regime, asked since the "government has so vociferously defended the Chief Justice of India,
CJI by ruling against the rafale stolen document case has sealed the fate of this govt !! By allowing the evidence of the stolen documents (which otherwise could and would have been easily suppressed by the govt on the official secrets act), the court has to now rule on the review petition.

Basis N Ram conclusive report of massive defence procedural violation (anti corruption, integrity, escrow, commission, clauses removed, etc..), the only option before the court is to order an investigation !!

So ...now you know who has to gain the most from this !!
 

prasad1

Well-known member
A Supreme Court advocate has made a stunning claim about the sexual harassment charges levelled against Chief Justice of India Ranjan Gogoi. The lawyer, Utsav Bains, has alleged that he was approached by an unidentified man to organise a media conference to “frame” the CJI at the Press Club of India, and to represent the former Supreme Court staffer who has accused Gogoi. In exchange, he claimed, he was offered up to Rs 1.5 crore.

Speaking to news agency ANI, Bains alleged this was a conspiracy by some people who want the CJI to resign. He said he would file an affidavit narrating his experience in the apex court, and added that he would name those allegedly involved.

ThePrint repeatedly tried to get in touch with Bains, but he was unavailable for further comment. However, it is learnt that the draft of the affidavit is being prepared, and will be filed at the earliest.


...........................................................

News reports suggested Saturday that a 35-year-old woman, who worked as a junior court assistant in the Supreme Court, had written to 22 judges of the apex court Friday, alleging that the CJI had sexually harassed her at his residence last year.

CJI Gogoi Saturday denied the sexual harassment charges levelled against him, suggesting that vested interests were threatening the independence of the judiciary.

There is an ‘In-House Procedure’ mandated to look into the complaint. As per the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, read with the Supreme Court Sexual Harassment Regulations, 2013, the designated committee must take cognisance of the complaint and initiate proceedings accordingly.

At the moment, the decision of the committee is unclear. ThePrint tried to contact Justice Indu Malhotra, who heads the committee. However, there was no response.

 

prasad1

Well-known member
The Bar Council of India Saturday condemned the “false and cooked-up” sexual harassment allegations against Chief Justice of India Ranjan Gogoi and said the entire bar was standing with the CJI, and against this “attempt to malign the institution”.

“These are all false and cooked-up allegations and we condemn these kinds of acts. These kind of allegations and actions should not be encouraged. This is an attempt to malign the institution. Entire bar is standing in solidarity with the Chief Justice of India,” Manan Kumar Mishra, BCI chairperson, told PTI.

He said an emergency meeting of the top bar body would be convened on Sunday and a resolution be passed in this regard.

“We will pass the resolution and then try to meet the CJI to make him aware of the (BCI’s) decision,” Mishra said.


However, former SCBA president and senior advocate Vikas Singh said the proper course would be to have an in-house inquiry by some senior Supreme Court judges to authoritatively find out the truth “this way or that way” in a time-bound manner.

“If it is a false allegation then this definitely is a threat to independence of judiciary, but if it is true then it is also very serious,” he said.

“There should be an in-house inquiry by some senior Supreme Court judges to find out authoritatively this way or that way in a time-bound manner,” Singh told PTI.

The National Green Tribunal (NGT) Bar Association also condemned the allegations on the CJI and said it was an attempt to target top Indian judiciary and the entire bar stood in support of the CJI.

“We condemn this attempt of targeting Indian judiciary. There is an urgent need to find a better way of dealing with these kind of accusations. Such baseless allegations are enough to ruin the reputation of a judge…this way anyone can make any accusations against anyone,” the NGT Bar Association’s office-bearer Gaurav Kumar Bansal told PTI.

 

KRN

Active member
These are all false and cooked-up allegations and we condemn these kinds of acts. These kind of allegations and actions should not be encouraged. This is an attempt to malign the institution. Entire bar is standing in solidarity with the Chief Justice of India
That is intimidation of the complainant, and forcing the hand of the lawyer (if/when she tries to engage one in future). It is not the responsibility of the Bar Council to protect the reputation of any Judge. If the President of the United States can be impeached due to sexual misconduct, then why not the CJI? In all fairness an investigation needs to be conducted. Just wondering, what the learned CJI would have said, if the statements he made yesterday, were made by an ordinary Indian Citizen bought before him as accused of sexual misconduct. Would he have given any credence to statements about the bank balance of the accused, or allegations about the complainant? As it is, the system is ROTTEN THROUGHOUT, so it is interesting and instructive when the CJI himself is found on the wrong side of the system.
 

KRN

Active member
“We condemn this attempt of targeting Indian judiciary. There is an urgent need to find a better way of dealing with these kind of accusations. Such baseless allegations are enough to ruin the reputation of a judge…this way anyone can make any accusations against anyone,” the NGT Bar Association’s office-bearer Gaurav Kumar Bansal told PTI.
Wonder whether the Bar Association has been sleeping all the while, and suddenly woken up to see the truth, which is plain to the ordinary Indian Citizen for years now? What joker's these are.
 

Jaykay767

Well-known member
KRN,

This case is very sensitive as it refs to the CJI. There should be NO attempt to blackmail or eject the CJI on false grounds. That is fundamental for judicial independence and survival of democracy !!

Not saying the allegations may not be true. But this has to be very carefully evaluated for authenticity first.

If we allow this case without verifying the authenticity of the complaint, how long before other judges are accused of similar harassment prior to key judgements ??
JK.
 

prasad1

Well-known member
KRN,

This case is very sensitive as it refs to the CJI. There should be NO attempt to blackmail or eject the CJI on false grounds. That is fundamental for judicial independence and survival of democracy !!

Not saying the allegations may not be true. But this has to be very carefully evaluated for authenticity first.

If we allow this case without verifying the authenticity of the complaint, how long before other judges are accused of similar harassment prior to key judgements ??
JK.
This happened because CJI did not follow Modiji's Rafale dictum.
 

Janaki Jambunathan

Well-known member
KRN,

This case is very sensitive as it refs to the CJI. There should be NO attempt to blackmail or eject the CJI on false grounds. That is fundamental for judicial independence and survival of democracy !!

Not saying the allegations may not be true. But this has to be very carefully evaluated for authenticity first.

If we allow this case without verifying the authenticity of the complaint, how long before other judges are accused of similar harassment prior to key judgements ??
JK.
Eject the CJI ? Will that be ever possible ?
 
Last edited:

KRN

Active member
KRN,

This case is very sensitive as it refs to the CJI. There should be NO attempt to blackmail or eject the CJI on false grounds. That is fundamental for judicial iiindependence and survival of democracy !!
Agreed. But the point I was making is, the Bar Council, or the Govt has no right to jump the gun and pronounce the CJI innocent and straightaway dismiss the allegations against him. Every Indian accused (but not proven guilty) has to undergo the process as per law, and is there anything in the Constitution that says that CJI, who is a human being like everyone else, is holier than others? (Though the Bar Council and some others would want to impress upon us that CJI and Judges in general can never make mistakes, I cannot agree with their divinity claims). All I said is, let these venerable institutions not pass judgment of their own, and be perceived as intimidating the complainants. They should have even more trust in the system than the rest of us, seeing that the court process is their bread and butter. So it is bounden on them to uphold the system and ask the CJI to pass thru due process like everyone else.

If, without investigation we call it blackmail, then there are thousands of Indians who are presently accused of various crimes, and undergoing court process, who have an equal right to claim that they are being blackmailed.

Not saying the allegations may not be true. But this has to be very carefully evaluated for authenticity first.

If we allow this case without verifying the authenticity of the complaint, how long before other judges are accused of similar harassment prior to key judgements ??
JK.
Personally, I believe that the System has become rotten to the core precisely because, the hon'ble lawyers and judges have come to believe that they are a las into themselves, much above ordinary mortals. Anybody remember the criminal behaviour of a gang of lawyers right inside Madras HC some yrs ago? I am not going further into this matter. I don't know if the hon'ble CJI is innocent or not, but I fervently hope that in the interest of fairness, any lawyer or judge who was indeed guilty of crimes, must be made to face due Court process and undergo punishment without any leniency.
 

tbs

Well-known member
hi

all are human beings...nobody's above the law....sexual harasment is very common in india...we need

a SPECIAL BIG JAIL for these ppl....most political influentials are involve like these ...
 
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