Sexual Harassment of MP judge: 3-judge Panel’s report not to prejudice other proceedings, directs Supreme Court

The litigation in the Supreme Court surrounding alleged sexual harassment of a Madhya Pradesh judge by sitting High Court judge, Justice SK Gangele seems to have come to an end..This was after the Supreme Court’s direction that the report of the 3-judge committee will not prejudice other proceedings pertaining to the matter..This direction was issued yesterday by a Division Bench comprising Justice JS Khehar and Justice Rohinton Fali Nariman in the petition filed by the Additional /district judge challenging the findings of the three-judge panel which had concluded that there was insufficient evidence to substantiate the charges levelled by the District judge..In the petition filed through Advocate Devadatt Kamat and settled by Senior Advocate Indira Jaising, the petitioner had come down heavily on the report of the Panel and also the Chief Justice of India for having accepted the report submitted by the Panel and closed the case. The main grievance raised by the petitioner was that she was not properly heard by the Panel, thereby violating the principles of natural justice. She had prayed for setting aside the report and also for quashing the order of the CJI accepting the impugned report..When the matter came up for hearing yesterday, Justice Rohinton Nariman pointed out that impeachment proceedings have already been initiated against the accused judge..“Even if the impugned report was in favour of the victim and indicting the HC judge, what could the CJI have done. At the most he could have also suggested impeachment. The same is already under process”, the Court said..Jaising, appearing for the petitioner, then contended that the report had adverse observations against the complainant..“There are remarks attributed to her which she never made. She is keen to pursue other remedies and this report should not prejudice that”, said Jaising..The Court then agreed to dispose of the matter after recording that the report shall not prejudice any other proceedings concerning the case. Jaising agreed to the same whereupon the court disposed the case directing that the report of the 3-judge panel shall not prejudice any other proceedings pertaining to the matter..On August 26 last year, the district judge had approached the Supreme Court seeking an enquiry into her allegations, and a quashing of the committee constituted by the Madhya Pradesh Chief Justice, MR Khanwilkar..The matter was heard by a bench of Justices JS Khehar and Arun Mishra, with Senior counsel Indira Jaising appearing for her. Harish Salve had represented the MP High Court, while Kapil Sibal appeared for the accused High Court judge..In December, the Supreme Court delivered its findings, a fairly critical view on the procedure adopted by the Madhya Pradesh Chief Justice, MR Khanwilkar. The court directed the re-initiation of the investigation, this time as per the “in-house procedure” framed by the court in C Ravichandran Iyer..Subsequently, a panel headed by then Chief Justice of Karnataka, DH Waghela had investigated the matter and suggested a deeper enquiry. This is how the 3-judge panel headed by Chief Justice Chandrachud and comprising Delhi High Court Chief Justice Rohini and Rajasthan High Court judge Ajay Rastogi was formed. And it is this panel that had found “insufficient evidence” to find the High Court judge guilty of sexual harassment.