Law intern seeks transfer of J. Swatanter Kumar’s defamation proceedings; Apprehends institutional bias in Delhi

A former law intern (Petitioner), who has accused Justice Swatanter Kumar of sexually harassing her, has filed a transfer petition in the Supreme Court seeking the transfer of the defamation suit filed by Justice Kumar against her and media houses to Bangalore or any other city..The Petitioner has sought a transfer on the ground that she “genuinely apprehends that she will not get fair trial in the Delhi High Court”..The Petitioner has submitted that Justice Swatanter Kumar, who is at present the Chairperson of the National Green Tribunal, has been a judge in the Delhi High Court, the Punjab and Haryana High Court, the Bombay High Court as well as the Supreme Court..The Petitioner has, therefore, contended that,.“During his judicial career he has obviously developed good relations with his colleagues, particularly the lawyers and judges. The Senior Counsel representing him have all invariably appeared before him either as a High Court Judge or a Supreme Court Judge and in all probability and potentially even before him as Chair of the Green Tribunal.In the circumstances, the petitioner reasonaby apprehends that there is likely to be an institutional bias operating in his favour.”.In the petition filed by Advocate Anindita Pujari, the Petitioner has also submitted that,.“she has approached several senior lawyers in Delhi with the request that her case in the suit be pleaded pro bono but the request has been declined on various grounds including that the Respondent No.1 has already approached them for support, assistance and advice and hence they are not in a position to represent her”.Pointing out the fact that she is just one and a half years in the profession with no connections to the legal fraternity in India and has been working with an NGO in Bangalore, she has stated that,.“The Petitioner is hopelessly in a subordinate position qua the Respondent No. 1 in the legal battle between them in the Delhi High Court, which is completely unequal.”.She has further alleged that the,.“Plaint [of the accused] has been carefully engineered to invoke the influence of the Respondent No. 1, in as much as it records that it has been settled and “re-settled” by four senior lawyers of high repute, all of whom have been designated senior lawyers by the Delhi High Court demonstrating a show of strength and support of the Senior advocates that he enjoys.”.Expressing apprehension that she will be denied fair hearing in the intimidating atmosphere that prevails in the courtroom due to to the large number of lawyers who are present in the court in support of the Justice Kumar, the Petitioner has prayed for transferring the defamation suit pending in the Delhi High Court to “City Civil Court, Bangalore or to any other court of competent jurisdiction.”.The Delhi High Court, by an interim order passed on January 16, 2014, had restrained media houses from publishing any news (except judicial orders) pertaining to the allegations of sexual harassment by the law intern..Justice Kumar, who has refuted sexual harassment allegations, was represented by no less than 10 senior lawyers and 17 other lawyers appearing for him in the defamation proceedings before the Delhi High Court.