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‘Travesty of justice’: NLU student consortium slams Supreme Court for way it handled CJI sex harass complaint

Law students are not liking the way things have gone at the Supreme Court
Law students are not liking the way things have gone at the Supreme Court

Students of the National Law Universities Students Consortium;;, which includes 17 NLUs that have a student body or have appointed student representatives, have made a statement condemning the conduct of the Supreme Court in handling the allegations of sexual harassment against the apex judge at the apex court.

The statement had been drafted by the NLSIU Bangalore Student Bar Association (SBA) and endorsed by the other members of the consortium.

A Supreme Court inquiry committee of three judges had yesterday dismissed the allegations ex parte, after the complainant bowed out of the process having not been allowed to appear before it with her lawyer present. The procedure has been widely criticised in the mainstream media.

NLU students have added their voice to the chorus with strong words, noting that they “fully condemn the brazenness of the arbitrary exercise of power displayed by Justice Mr. Ranjan Gogoi in responding to the sexual harassment allegations levelled against him”.

One student involved in the process told us that the statement reflects “the overall way in which the matter has been dealt with, without a semblance of following due process and principles of natural justice - culminating into the dismissal of allegations”.

The law students wrote in their statement that the initial press conference-cum-special bench presided over by Gogoi was a violation of natural justice, which “feeds into the existing problematic culture within the legal community that condones and normalises sexual harassment”.

Furthermore, the “3-judge departmental enquiry constituted by Justice Bobde has been a travesty of justice for the complainant. We reiterate the need for an independent, transparent and impartial inquiry of the matter, wherein the complainant is afforded full respect and consideration, and in doing so, strongly reaffirm our belief in the judiciary’s importance in a constitutional democracy guided by due process and the rule of law”.

Full statement below

Statement against travesty of justice at the Apex Court:

We, as students of law at the National Law School of India University, Bangalore, and as equal stakeholders in the legal community and its future, fully condemn the brazenness of the arbitrary exercise of power displayed by Justice Mr. Ranjan Gogoi in responding to the sexual harassment allegations levelled against him. While we respect the authority of the judiciary to examine the merits of the allegations made out in the affidavit by the complainant, we express deep concern at the dismissive response to the complaint by the Justice Mr. Ranjan Gogoi, the Secretary General and Bar Council.

We believe that the treatment of the matter by the Chief Justice of India in conducting a parallel enquiry constitutes a violation of two key principles of natural justice. First, that no man shall be a judge in his own cause, and this violation extends to the appointment of the enquiry committee by the accused himself. Second, that the complainant was given no notice of the special hearing, and was openly vilified in court.

We fear that this response feeds into the existing problematic culture within the legal community that condones and normalises sexual harassment. It deters women who may be victims of harassment within the asymmetrical power structures that exist in society from seeking relief before the highest court of the land and the guarantor of constitutional protections. We reiterate the inescapable conclusions reached after the MeToo movement – that women are routinely disbelieved, shamed and suppressed at the institutional level when they voice their experiences, and we believe that the Supreme Court today, with due respect to the outcome of the proceedings, has partaken in the same.

We support the statements issued by the Supreme Court Bar Association, the Women in Criminal Law Association and the counter-statement issued by our alumnus, Mr. Gautam Bhatia along with Mr. Ashish Goel.

The 3-judge departmental enquiry constituted by Justice Bobde has been a travesty of justice for the complainant. We reiterate the need for an independent, transparent and impartial inquiry of the matter, wherein the complainant is afforded full respect and consideration, and in doing so, strongly reaffirm our belief in the judiciary’s importance in a constitutional democracy guided by due process and the rule of law.

This statement has been drafted by National Law School of India University, Bangalore and is endorsed by the NLU’s Students Consortium.

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