Janaki Jambunathan
Active 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.
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”.
ALSO READ
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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.
Sexual harassment allegation: CJI Ranjan Gogoi’s presence on Bench raises eyebrows
The hearing in open court saw the Chief Justice of India orally remark on the complainant.
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