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SC intern harassment

07 February 2014

Artist's Impression 0 For all intents and purposes, a lot of credit should go to Karanjawala & Co, for they have proven what difference a lawyer can make (or a team of six or more, judging by the number cc’d to my recent email correspondence with the firm).

03 February 2014

The Supreme Court Gender Sensitisation and Internal Complaints Committee (GSICC) has received two complaints of sexual harassment since it was set up on 26 November 2013, reported the PTI, citing the GSICC Annual Report (PDF):

In the First Meeting of the GSICC held on 9/12/2013, an Internal Sub-Committee of three members was constituted in terms of Clause 9(1) of the said Regulations. The three members are Ms. Indu Malhotra, Senior Advocate, Mr. L. Nageshwar Rao, Senior Advocate and Ms. Bharti Ali, Co-Director, HAQ.

Two complaints received by the GSICC from aggrieved women lawyers have been submitted to the Internal Sub-Committee. The Internal Sub-Committee initiated the process of examining the two complaints. As far as the Complainant in GSICCNo. 1/2013 is concerned, her statement was video-recorded on 12.12.2013. The Complainant in GSICC No.2/2013 appeared on 16.12.2013 and the video-recording of her statement was deferred at her request. Both the complaints are pending disposal with the internal sub-committee.

While further details of the complaints were not disclosed, the committee does not have the power to investigate complaints against judges, which hit the headlines shortly before the committee was constituted.

31 January 2014

AK Ganguly SC report private info: Rejecting a Right to Information (RTI) request for the Supreme Court’s report on its recent sexual harassment complaint proceedings against its former justice AK Ganguly, the SC said: “The disclosure of information and reports emanating out of a self-evolved mechanism which is in the nature of an In-House Procedure by the judiciary is expressly prohibited.” [PTI]

Verma J’s family declines Padma Bhushan: Refusing to accept the Padma Bhushan national honour on behalf of late justice JS Verma, his wife Pushpa Verma has written to the president stating that her husband “never hankered or lobbied for any acclaim, reward or favour” and that he “will be satisfied with being remembered as one of India’s most pre-eminent jurists […]”. Verma’s family was upset that they were not informed or “consulted” about the award through official communication but only came to know about it through media reports, and that they feel that the issue has been dealt with in a “bureaucratic manner” reported [IBN Live] Former Delhi high court chief justice Rajinder Sachar said that the ex-CJI at least deserved the higher honour of a Padma Vibhushan [Express]

RamJet set for BJP expulsion damages: The Delhi high court has fixed 2 May as the date for hearing veteran criminal lawyer Ram Jethmalani’s plea against expulsion from political party BJP on charges of “breach of discipline”. Jethmalani has asked the court for Rs 50 lakh in damages from the party’s parliamentary board members and a direction to the board to declare the order of his expulsion as "null and void" [IBN Live]

FDI U-turn vs national security: The Department of Industrial Policy and Promotion has revised its policy for 100 per cent foreign direct investment in Indian railways, after security concerns over Chinese firms prospectively setting up projects near the international border [Mint]

Suicide a crime or not?: The Mental Health Bill, approved yesterday by the cabinet, stands at odds with the Indian Penal Code which makes suicide a criminal offence. The bill decriminalises suicide [Scroll]

29 January 2014

The Delhi high court’s order, restricting media coverage of the sexual harassment allegations against Swatanter Kumar, should give the Supreme Court cause to consider its Sahara gag order decision, argues Chinamyi Arun, research director at the Centre for Communication Governance at NLU Delhi and fellow at the CIS Bangalore.

17 January 2014

Anonymised #InternJudge The Delhi high court yesterday restrained anyone from publishing or broadcasting the detailed sexual harassment allegations against Swatanter Kumar, without stating prominently that they are “mere allegations”, as a battery of counsel appeared for the former Supreme Court judge in the court yesterday.

16 January 2014

Swatanter wins media blackout: The Delhi HC has provided former SC judge Swatanter Kumar interim relief in the defamation suit he had filed against three media houses. The HC prohibited the media from publishing anything beyond the court’s orders in his ex-intern’s sexual harassment PIL against him, including his photographs [Hindustan Times]

Bar boycott of Swatanter’s NGT: The All India Bar Association has asked its over 10,000 Delhi members to boycott the National Green Tribunal’s Delhi bench until its current head Swatanter Kumar quits the post. Kumar is accused of sexual harassment by his former intern from NUJS Kolkata [PTI]

Judges immune from sex harassment complaints: The Supreme Court was yesterday stuck on the question of absence of mechanism to deal with sexual misconduct cases against its sitting and retired judges, while hearing the ex-intern’s sexual harassment case against Swatanter Kumar. The matter has been posted to 14 February for further hearing [DNA India]

CBI to get more autonomy: CBI on the road to autonomy has gained central government secretary-rank status for its chief and power to approve spending up to Rs 15 crore, as opposed to earlier when it infamously waited 100 days for government approval on a laptop’s purchase and three months for a mobile phone [TOI]

14 January 2014

Swatanter Kumar ex-intern PIL admitted: Former SC judge Swatanter Kumar’s ex-intern from NUJS Kolkata who had made sexual harassment allegations against him yesterday moved a petition in the SC for inquiry against him. The intern challenged the SC’s 5 December 2013 full court resolution that it could take no action against Kumar because he was now retired, although he was not at the time of making the allegation.

The intern is supported in her petition by additional solicitor general Indira Jaising, and advocates Kamini Jaiswal, Harish Salve and Vrinda Grover.

The Chief’s court agreed to take up the matter on 15 January [PTI]

NUJS intern sex harassment policy: NUJS Kolkata will, by next month, ready a policy to formally deal with complaints of sexual harassment by its students against anyone they intern with through the university. The law school will also sensitise students on how to deal with any incidence of sexual harassment during internships [Firstpost]

ML Sharma Legally India-CIA link petition dismissed: “ML Sharma [was upset] over @IJaising, @LegallyIndia & @kianganz in CJI's court accusing them of CIA funding for reporting [sexual harassment], Swantantar.” tweeted @JaskiratSB yesterday. Chief Justice of India Sathasivam declined to entertain Sharma’s writ petition, which sought action against the intern, “a website and a national daily” for publishing the “defamatory” allegation, reported the PTI.

06 January 2014

Media trial LI reporter Prachi Shrivastava argues that, to date, the pillars of the Indian constitution have been remarkably efficient and fair in the investigation and reporting of the sexual harassment allegations against former Supreme Court Justice Asok Kumar Ganguly.

03 January 2014

Former Supreme Court Justice Asok Kumar Ganguly, who is also chairman of the West Bengal Human Rights Commission (WBHRC), has quit as honorary professor at NUJS Kolkata, the alma mater of a former intern who accused him of sexual harassment.

Ganguly wrote, according to NDTV: “I voluntarily opt out, don't want to continue as a member of the guest facility and be a burden on NUJS.”

Yesterday the Union Government cabinet cleared the way for a presidential reference to remove Ganguly from his chairmanship of the WBHRC.

Former Chief Justice of India (CJI) Altamas Kabir was proposed to become an honorary professor at the college in early December.

02 January 2014

The Union cabinet has greenlit the proposed presidential reference to remove West Bengal Human Rights Commission chairman AK Ganguly, for allegedly having sexually harassed an intern.

President Pranab Mukherjee will now be able to take a call on whether the reference to remove Ganguly under the Human Rights Act will proceed, reported IBNLive.

In reaction, Ganguly told PTI: “I don't want to comment now. I need some time to decide. Please give me some time, later on I will let you know.”

25 December 2013

Twelve faculty members of NUJS Kolkata, the alma mater of the former student who accused retired Supreme Court judge AK Ganguly of sexual harassment during her internship a year ago, have issued a statement in her support.

19 December 2013

Ganguly The way will soon be clear for the President to ask for an inquiry into sex harassment allegations against the ex-judge. Question is, how, if at all, would it stick under law?

19 December 2013

President of IndiaAs Goolam Vahanvati will submit a legal opinion by tomorrow on the presidential reference to remove AK Ganguly from the WBHRC, Legally India has seen a copy of the inquiry’s report, which is not confidential anymore.