TNN | Feb 15, 2014, 04.26 AM IST
NEW DELHI: Constitutional expert Fali Nariman on Friday commended the Supreme Court for taking up the challenge of examining the necessity, feasibility and legal sustainability of a mechanism to deal with sexual harassment complaints against sitting and retired judges at all levels of the three-tier judiciary.
Appearing for the first time since his assistance as amicus curiae was enlisted by the court on January 15 when it decided to address the broader question raised in a petition by 'Ms X', who has leveled sexual harassment charges against a retired apex court judge, Nariman said it was an important issue and he and the other amicus curiae, P P Rao, would submit their suggestions after others file their responses.
A bench of Chief Justice P Sathasivam and Justice Ranjan Gogoi said the issue needed to be dealt by a three-judge bench given its importance. On January 15, the court had clarified that it would not deal with the allegations of sexual harassment made by the intern against the former SC judge.
The court on January 15 had decided to seek assistance from Nariman, Rao and attorney general G E Vahanvati and sought responses from the Centre and National Green Tribunal chairman Justice Swatanter Kumar to Ms X's petition, which in addition to leveling accusations had pointed out absence of a mechanism to deal with sexual harassment complaints against sitting and retired judges.
The Centre is yet to file its response and both the amicus curiae said they would give their suggestions after other respondents filed their replies. The court asked whether the AG had something to say, but Vahanvati smiled away the question.
However, Justice Kumar has filed his reply to Ms X's petition saying the law intern's allegations were part of a malicious conspiracy intended to damage his reputation. He also said the Supreme Court on December 5 had taken the right decision not to entertain complaints of sexual harassment against retired judges on the ground that it lacked jurisdiction.
However, he said he had no objection to the court formulating a permanent mechanism to inquire into "complaints of sexual harassment against all judicial officers, sitting and retired judges, whether while holding office or not" as it fell within the discretion of the court.
Justice Kumar told the court that the crux of the issue raised by Ms X was pending adjudication before the Delhi High Court, which had entertained his defamation suit and restrained the media from publishing details of the allegations made by the intern.
Justice Kumar denied the allegation of sexual harassment by the intern and said "such allegations are not only malicious but are also intended to malign his image". "The allegations, besides being false to the knowledge of the maker (the intern), are the result of a planned conspiracy against the respondent (Justice Kumar)," he said.
Appearing for the first time since his assistance as amicus curiae was enlisted by the court on January 15 when it decided to address the broader question raised in a petition by 'Ms X', who has leveled sexual harassment charges against a retired apex court judge, Nariman said it was an important issue and he and the other amicus curiae, P P Rao, would submit their suggestions after others file their responses.
A bench of Chief Justice P Sathasivam and Justice Ranjan Gogoi said the issue needed to be dealt by a three-judge bench given its importance. On January 15, the court had clarified that it would not deal with the allegations of sexual harassment made by the intern against the former SC judge.
The court on January 15 had decided to seek assistance from Nariman, Rao and attorney general G E Vahanvati and sought responses from the Centre and National Green Tribunal chairman Justice Swatanter Kumar to Ms X's petition, which in addition to leveling accusations had pointed out absence of a mechanism to deal with sexual harassment complaints against sitting and retired judges.
The Centre is yet to file its response and both the amicus curiae said they would give their suggestions after other respondents filed their replies. The court asked whether the AG had something to say, but Vahanvati smiled away the question.
However, Justice Kumar has filed his reply to Ms X's petition saying the law intern's allegations were part of a malicious conspiracy intended to damage his reputation. He also said the Supreme Court on December 5 had taken the right decision not to entertain complaints of sexual harassment against retired judges on the ground that it lacked jurisdiction.
However, he said he had no objection to the court formulating a permanent mechanism to inquire into "complaints of sexual harassment against all judicial officers, sitting and retired judges, whether while holding office or not" as it fell within the discretion of the court.
Justice Kumar told the court that the crux of the issue raised by Ms X was pending adjudication before the Delhi High Court, which had entertained his defamation suit and restrained the media from publishing details of the allegations made by the intern.
Justice Kumar denied the allegation of sexual harassment by the intern and said "such allegations are not only malicious but are also intended to malign his image". "The allegations, besides being false to the knowledge of the maker (the intern), are the result of a planned conspiracy against the respondent (Justice Kumar)," he said.
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