viernes, 10 de mayo de 2019

SC must re-examine procedure to probe allegations against CJI Gogoi | The Indian Express

SC must re-examine procedure to probe allegations against CJI Gogoi | The Indian Express



SC must re-examine procedure to probe allegations against CJI Gogoi

There is no doubt that the SC’s in-house panel in the case against the CJI was not constituted according to the Vishaka guidelines; it also did not go by the provisions of the 2013 Act.



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. It is true that the matter which the panel was dealing with was unprecedented since it involved the highest judicial functionary of the country


A panel of three Supreme Court judges has cleared the Chief Justice of India of the allegations of sexual harassment levelled by an ex-staffer of the Court. While the CJI stands vindicated, the procedure adopted by the panel in arriving at its conclusion has left much to be desired. In fact, one of its own, Justice D Y Chandrachud, had reportedly written to the panel to broadbase its membership by including an external member. He also asked the panel to allow legal assistance to the complainant. The Hon’ble judge, it seems, went by the call of his conscience, and echoed the sentiments of a large majority, both within and outside the judicial circles. Given the sensitivities of the case, and the fact that it involves someone as high as the CJI, the stand taken by Justice Chandrachud is highly courageous and deserves kudos.

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