Are brother judges not disturbed? Dinesh Dwivedi on sexual harassment allegations against CJI Ranjan GogoiApril 23 2019
Senior Advocate Dinesh Dwivedi has written to the Supreme Court Bar Association (SCBA) asking it to take up the allegations of sexual harassment against Chief Justice of India Ranjan Gogoi seriously.
In his letter to the SCBA President, Dwivedi has said that the events that have taken place in the last couple of days have left a disturbing impression in his mind.
Dwivedi says that the charge of sexual harassment against the CJI was itself shocking but what happened subsequently was “completely unbelievable behaviour on the part of the Chief Justice of India.”
“A serious charge was made against the Chief Justice of India. The charge made of the alleged inappropriate behaviour on the part of the Chief Justice of India was by itself shocking but what followed was completely unbelievable behaviour on the part of the Chief Justice of India.”
Dwivedi states that if the CJI was sure of his innocence, he should not have resorted to illegal means to do it, but instead called a press conference (like he did not long ago) and explained his version.
“Instead what he did was complete misuse of his powers. Constituting a Bench and passing an order indirectly gagging the press was a blatant disregard to the Constitution and its powers."
The Senior Advocate also notes the fact that despite being on the Bench on April 20, the CJI did not sign the order, which was an unprecedented sign in the history of Indian judicial system.
He should have opted out as his continuance under the shadow of such allegations is untenable. The order that has been passed is equally unacceptable, the letter states.
The CJI's reaction has been termed as a glaring case where he became a judge in his own cause against the principles of nemo judex in causa sua.
Dwivedi also objected the CJI attacking the complaint as part of a greater conspiracy to deactivate him.
“This is not only unfair and unjust but also highly unbecoming of a person holding the high office of Chief Justice of India.”
The letter also wonders whether the brother judges are not disturbed by the allegations.
“I am also amazed as to what the brother judges are doing. Are they not disturbed?”
He ends his letter by appealing to the SCBA to take up the matter seriously and do some soul searching.
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