SC urges HCs to set up committees based on Vishaka guidelines in all courts

The Supreme Court today directed high courts to set up Internal Complaints Committees in all district courts as per the Vishaka guidelines for sexual harassment at the workplace, within two months..The order was passed in a matter relating to a woman lawyer’s assault in the premises of Delhi’s Tis Hazari Court earlier this month..Present for the dramatic hearing at the Chief Justice’s court room was a large number of lawyers from the Tis Hazari Court. Chief Justice Dipak Misra, looking at the overwhelming sea of black gowns said,.“Looks like all of the Delhi Bar is present here.“.The case was filed by Afshan Pracha, a woman advocate who was allegedly assaulted and threatened by her male colleagues earlier this month, all of whom are members of the Delhi Bar Association at the Tis Hazari Court..The Court had earlier granted security for the petitioner to ensure her statements were recorded before the Chief Metropolitan Magistrate. An FIR in that regard has been filed by the petitioner..When the matter was taken up today, the Supreme Court was informed that a counter FIR against the petitioner is lodged in relation to stealing of a gold chain. This FIR was filed by a junior of the accused..Counsel for the petitioner, Senior Advocate Indira Jaising alleged that it was a “motivated and manipulated FIR filed to intimidate the petitioner“..Senior Advocates Vikas Singh and Aman Lekhi appeared for the respondents..CJI Misra, however, refused to comment on the genuineness of any of these FIRs and went ahead to bifurcate the issues raised in this case..He said that one issue was that of setting up committees in consonance with the Vishaka guidelines in all courts in India. The second issue was about the specific case of Afshan Pracha..As regards the latter, the Court urged the parties to see if the case can be resolved peacefully. However, should the parties wish to go ahead via the legal route, the Court said that the case should be taken up by the relevant court which has jurisdiction..CJI Misra stated that as far as the security of the petitioner is involved, the Supreme Court has deemed it fit to hear the case. However, the Supreme Court cannot decide on issues raised in the case, he said..In its order, the Supreme Court said that both the FIRs filed in this case shall be investigated by the Assistant Commissioner of Police. If the matter goes to trial, it should be carried out at Patiala House Court, the Court said..The Court also directed that there shall be no arrests in relation to either of the two FIRs in this case. Neither party is to do anything so as to obstruct the investigation or trial. It was also reiterated that this order does not debar the parties from entering into a settlement, if they desire..Additionally, the Court also issued a directive to all High Courts mandating that committees in conformity with the Vishaka guidelines are set up in all district courts within two months..Jaising, at this point, urged the Court to carry out a gender audit with the help of a retired judge. She also leveled allegations against male members of the Bar, saying that they bring alcohol inside their chambers and drink..This comment was met with very loud and vocal disagreement from all the male lawyers present inside the courtroom..CJI Misra was forced to intervene amidst all the chaos to tell all those present in the Court,.“We cannot allow pandemonium in the court. Nobody should shout…Nobody should shout in front of a magistrate also.“.Stating that the matter stands disposed, CJI Misra directed the Delhi Bar Association members to leave..“Now, please leave gracefully so that the court can hear other matters“, he said..Read Order: