Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950 Allegation of sexual harassment Article 32 Constitution of India former Additional District and Sessions Judge |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India, 1950 - Art. 32 - Writ petition by former Additional District and Sessions Judge-petitioner - Allegation of sexual harassment at the behest of the sitting judge of the High Court and that the procedure followed for inquiry not in consonance with the in-house procedure adopted by this Court - Chief Justice of the High Court constituted two member senior judges Enquiry Committee to make discreet enquiry instead of making the discreet inquiry at his own - Challenge to- Held: Chief Justice of the High Court travelled beyond the determinative authority vested in him, under stage-one of the in-house procedure - Chief Justice of the High Court, by constituting two-Judge Committee, commenced an in-depth probe, into the allegations levelled by the petitioner which forms part of the second stage of the in-house procedure and is to be carried out under the authority of the Chief Justice of traversed beyond his jurisdictional authority, under the in-house procedure- Thus, the Chief Justice of the High Court, having assumed a firm position, in respect of certain facts contained in the complaint filed by the petitioner, ought not to be associated with the in-house procedure - Proceedings adopted by the Chief Justice of the High Court set aside - Chief Justice of India may reinitiate the investigative process, under the in-house procedure, by assigning the role to Chief Justice of some other High Court, or alternatively, may himself assume the said role -Judiciary. Judiciary-Allegations leveled against judge of superior court through his peers- In-house procedure framed by this Court consequent upon the decision rendered in C.Ravichandran lyer's case - To inquire into the allegations - Seven steps of the in-house procedure - Manner in which in-house procedure is to be invoked - Explained and elucidated. Investigation - Investigation into allegations against judges- Investigative process under the in-house procedure - Held: To consider rights of the complainant, and that of the judge, by adopting a fair procedure, to determine the veracity of allegations - It safeguards the integrity of the judicial institution- Chief Justice of India is to ensure that the process affords safeguards, against favouritism, prejudice or bias. Crime against women - Sexual harassment - Connotation - Held: Issue of sexual harassment has a variety of fine connotations - Evaluation of a charge of sexual harassment, would depend on the manner in which it is perceived - Each case would be decided on its own merits - Its evaluation may sometimes depend upon the sensitivity of the person concerned and also whether, the perception of the harassed individual was known to the person accused - Whether the perception of the harassed individual, was conveyed to the person accused, would be very material, in a case falling in the realm of over-sensitivity. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2014 INSC 894 |
Petitioner | Additional District And Sessions Judge `x` |
Respondent | Registrar General, High Court Of Madhya Pradesh And Others |
SCR | [2014] 13 S.C.R. 300 |
Judgement Date | 2014-12-18 |
Case Number | 792 |
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