Sexual harassment plaints can’t be brushed aside: CJI

Sexual harassment plaints can’t be brushed aside: CJI

Retired District Judge To Face Disciplinary Proceedings

Dhananjay.Mahapatra@timesgroup.com

New Delhi:27.02.2021 

The Supreme Court on Friday refused to shield a district judge from disciplinary proceedings for allegedly exchanging “inappropriate” intimate WhatsApp messages with a junior woman judge, who had complained of sexual harassment but later refused to give evidence.

The proceedings before the gender sensitisation committee of the Madhya Pradesh High Court, inquiring into the alleged sexual harassment complaint by the woman judge, could not proceed as she reportedly reached a compromise with the aggressor and refused to give evidence before the committee. However, the committee in its report annexed the intimate messages exchanged between the two and the HC decided to initiate disciplinary proceedings against the district judge, who has since retired.

The DJ, through senior advocate R Balasubramanian, said he lost the chance of being considered for appointment as an HC judge as the sexual harassment charge was made at a time when he was in the zone of consideration. He also said that once the gender sensitisation committee closed the case because the woman judge refused to give evidence, the allegations in the complaint in the nature of WhatsApp messages could not be considered for disciplinary proceedings.

A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian said, “We cannot allow sexual harassment complaints to be brushed under the carpet.” When the bench said it would pass a short order, Balasubramanian requested for withdrawal of the petition, which was accepted by the bench.

The HC, through senior advocate Ravindra Srivastava, said by initiating disciplinary proceedings, it wanted to send a message against such inappropriate conduct of judicial officers. He said the sexual harassment charges may not have been taken to its logical conclusion because of the woman judge’s refusal to depose but the WhatsApp messages remained on the record as evidence, indicating inappropriate conduct on the part of the district judge.

During the last hearing, the CJI-led bench had noted the new trend of allegations being thrown at judges just before they were to get some post. “This phenomenon has become ubiquitous. All kinds of allegations against judges come when they are about to get something,” it had said, adding, “These are adults who could do whatever they intend to. She could have terminated the WhatsApp conversations, but she did not as she appeared to go along.”

However, it had strongly disapproved of the conduct of the district judge in having intimate chats on WhatsApp with his junior colleague. “This matter before the GSC has come to an end with the woman declining to participate in the proceedings. But the HC wants to proceed with the disciplinary proceedings. It is an inherent right with the employer to initiate disciplinary proceedings against any employee.”

The survivor, a junior woman judge, reportedly reached a compromise with the aggressor and refused to give evidence before a committee