Ex-NUJS intern claims harassment by Swatanter Kumar while he was SC judge

Friday, 10 January 2014 By Legally India Bar, Bench & Litigation

Another graduate of NUJS Kolkata has alleged that she was sexually harassed by a then-sitting Supreme Court judge in 2011, reported the Indian Express today. The story follows in the wake of West Bengal Human Rights Commission (WBHRC) chairman AK Ganguly’s resignation after claims that he had harassed an intern after his retirement.

Update: Swatanter Kumar has been named as the the alleged former judge by IBNLive.

According to the Express, the new complainant was assisting the judge in organising a conference as part of her internship and was emboldened to make a complaint because of the stand taken by the complainant against Ganguly:

The Indian Express has confirmed from sources in Delhi and Kolkata that the woman sent her detailed complaint to the CJI last month. However, she was told by the apex court that there was little the CJI could do and that she could take appropriate action under law. It is likely that the complainant will file a petition seeking action against the former judge…

Sources said that “strongly disturbed and upset” with the behaviour of the judge, the woman left the internship mid-way. She is learnt to have talked to her close friends and family about the incident. Sources said she decided to bring the alleged incident to the CJI’s notice after the swift response of the apex court to the allegations against Ganguly.

Legally India understands that her internship was formally organised through her college internship processes, unlike in the case of Ganguly’s former intern, who was a research assistant informally deputed to the former judge by the college.

The allegation was first reported on 19 December 2013 by the Mail Today. The paper wrote at the time:

… it is learnt, the second intern has been told by the apex court that it can’t take any action to help her in this case. “A senior law officer sent an affidavit to the Chief Justice affirming in a sealed cover that another intern had levelled allegation of sexual harassment against another recently retired Supreme Court judge,” said the source. “But in a full court meeting (which comprises all the judges of the Supreme Court) convened to take a call on the Ganguly issue, a decision was taken that no more complaints against retired judges will be entertained by the court,” the source said. This effectively has shut the door for any response to the second intern’s complaint from the court.

Comments

Scooter 10 Jan 2014, 10:09

+0 -0

and Lo...

Guest 10 Jan 2014, 15:22

+20 -14

Why this only happening to NUJS gals?

Law student 11 Jan 2014, 09:45

+27 -3

Or if you would like to look at the situation in another way. Perhaps, it is only the NUJS students who are speaking up. I am pretty sure that others face this too.

Femminist 14 Jan 2014, 03:08

+1 -0

[quote name="Guest"]Why this only happening to NUJS gals?[/quote]

Wrong question ! Why is this not happening to male students ?

anon 10 Jan 2014, 21:39

+5 -2

The NUJS VC has to speak up now.

Noojies rock again 11 Jan 2014, 02:49

+6 -0

This is much more serious and action should be taken against the Judge asap, furthermore since it had been done through NUJS Internship process the faculty in charge and authorities have been told about this by the student (as has been reported in today's ToI), action should be taken against the authorities and NUJS VC for hushing this matter

Guest 11 Jan 2014, 04:02

+3 -0

NUJS VC and each Members of EC and GC has to reply to the Nation on each and every point that will be asked to them.

NUJS VC and each Members of EC and GC are been paid from the fees of the students to do a job and thay just cant remain silent.......... thay have to answer to the Nation.

An appeal to all the media of the Nation to call for a press conference / discussion forum and let the NUJS VC and each Members of EC and GC be also invited to give their reply on their PERFORMANCE of work.

Guest 11 Jan 2014, 08:23

+2 -0

Why the Former CJI who was the Chancellor of NUJS did not constitute the UNIVERSITY REVIEW COMMISSION when the resolution of EC dated 8th May 2010 asked for a UNIVERSITY REVIEW COMMISSION in NUJS to review the working of NUJS.

If the Chancellor of NALSAR could make a UNIVERSITY REVIEW COMMISSION why did not the Former Chancellor of NUJS cansititue the UNIVERSITY REVIEW COMMISSION in NUJS ?

We expect a reply from the Former Chancellor of NUJS or present Chancellor of NUJS ?

[quote name="Guest"]NUJS VC and each Members of EC and GC has to reply to the Nation on each and every point that will be asked to them.

NUJS VC and each Members of EC and GC are been paid from the fees of the students to do a job and thay just cant remain silent.......... thay have to answer to the Nation.

An appeal to all the media of the Nation to call for a press conference / discussion forum and let the NUJS VC and each Members of EC and GC be also invited to give their reply on their PERFORMANCE of work.[/quote]

@Guest 11 Jan 2014, 11:27

+18 -0

[quote name="Guest"]NUJS VC and each Members of EC and GC has to reply to the Nation on each and every point that will be asked to them.

NUJS VC and each Members of EC and GC are been paid from the fees of the students to do a job and thay just cant remain silent.......... thay have to answer to the Nation.

An appeal to all the media of the Nation to call for a press conference / discussion forum and let the NUJS VC and each Members of EC and GC be also invited to give their reply on their PERFORMANCE of work.[/quote]

Is this Arnab Goswami?

Rational 11 Jan 2014, 07:21

+7 -0

I don't think the current VC was in position when this incident is said to have been happened. Prof. M.P. Singh was still in power in 2011. And unless the student concerned reported the matter to the administration after her internship, which she didn't in this case, I must confess I'm at a loss to figure out how the university could have done anything.

Vijay 11 Jan 2014, 16:36

+10 -1

Without going into the merits of the allegations of both interns, my only question is, why this special treatment to the interns, that their grievances have to be taken up directly by the Supreme Court? Because the allegations are against Supreme Court Judges? Would this mean that in future, the forum will be decided by the position of the accused? If this had happened to an ordinary woman on the street , she would be required to file an FIR? Why don't the Intern follow due process of law and file FIR. They can easily do that, they have the support of some of the top lawyers.As is being done, you can finish a person's reputation without even bothering to file a complaint?

Anonymous 12 Jan 2014, 07:22

+3 -0

I believe that in sexual harassment cases, the employer organisation has to do the fact finding first. If so, then what is wrong with expecting the Supreme Court to do so (in this case, as the person in question was a sitting judge)?

Vijay 12 Jan 2014, 11:00

+1 -0

You are right, if it was a sitting Judge and Intern was working, then the Court, in its Administrative capacity, had a role to play.However, in both the cases the Judge in question had already retired and the organization(the Supreme Court) had no role to play.Even in earlier case, though the Committee found substance, no complaint(FIR) was filed by her. There was no need to, the reputation of the accused was already destroyed!! If students from a premier law school opt for media trial rather than due process of law, is there any hope?

anonymous 12 Jan 2014, 18:26

+2 -0

I believe, that in the words of the vishaka guidelines, the supreme court as employer organisation will have a role to play since the judge in question was an employee of the court when the offence allegedly took place. Let me know if im missing something.

Vijay 13 Jan 2014, 16:09

+0 -0

As I said, if both were still in Supreme Court, the Court would be required to act. I have no doubt the Supreme Court has absolutely no jurisdiction when the Judge has retired. Just think of a company, a past employee complains against a retired officer(about an incident that took place when both were employed) could the Company do anything? The answer has to be NO.Neither the Vishakha guidelines nor the Sexual Harassment Act of 2013 provide for any action against a past employee. Whether people like it or not, FIR is the only option.

Shocked 11 Jan 2014, 19:21

+31 -2

And here is the natural outcome of the Stella James caper which led to a seemingly reputed judge being heckled, taunted and humiliated on account of the power of a blog post. In some ways it is ironic that a senior supreme court judge who has all his life been required to weigh his decisions and actions on the anvil of legality and due process met an end so far from any recognized judicial process and rule of law.

Now here comes another intern with another story. It is early to know where this will go but the damage is already done. Whether it was a friendly pat on the back or a creepy grope no one is likely to ever know that Justice Swatanter Kumar intended but it is almost certain that his name will now be associated with dark gossip. And people will whisper when he passes by.

It worries me that people are slowly beginning to see the power of media trials and mob justice and are more and more inclined to use the power of a million first impressions over having to withstand the rigour of a court scrutiny or police investigation, which however flawed, are for better or worse the appropriate course of action. Perhaps she will, unlike Stella, have the courage to file a complaint instead of fence-sitting and interview-giving. And perhaps Legally India will not repeat the earlier decision to increase viewership at the cost of a man's reputation.

Guest 13 Jan 2014, 03:42

+1 -0

Law mandates that misdemeanour of this sort needs to be complained of to the Police and, thereafter, necessary investigations would follow pursuant to the provisions of Code of Criminal Procedure, 1973, as amended up-to-date. Perhaps the student-interns of WBNUJS are no exception to be doled out a different legal procedure. Being students of law, they should have known the tenets of procedural legalese much better than their other "suffering" brethren. But then, why only complaints through blogs or affidavits before Supreme Court. And the alleged perpetrator becomes the victims of disgrace et al. If a smell of malignant conspiracy is smelled by some, should he/she or can he/she be faulted. No doubt judiciary is under attack from all corners, in fact, this is the last citadel of our democracy which is somehow upholding the spirits of the Constitution as far as possible notwithstanding impediments far too many. Every political party is baying for its blood - for judgements passed are mostly not to the liking of the political class, who has no qualms in undermining the democratic and transparent process. The actions of these lawyers somehow does not inspire confidence as to the bonafide of allegations. Moreover the double standards of a section of the faculties are really disturbing. They file mass petition seeking removal of one of the tainted Justices, notwithstanding his contribution to the hallowed Institute, but chose to remain absolutely silent when one of their permanent employee is arrested based on a police complaint. Why this double standard? Would definitely like reactions from all and sundry.

kianganz 13 Jan 2014, 05:07

+2 -1

Guest writes: [quote]Law mandates that misdemeanour of this sort needs to be complained of to the Police and, thereafter, necessary investigations would follow pursuant to the provisions of Code of Criminal Procedure, 1973, as amended up-to-date[/quote]

I'm afraid I have never read that provision of law anywhere, nor do I think it exists - could you please point it out?

As far as I know, in this case, the alleged victim formally complained to the CJI in December, who reportedly said that the court had no power to act. I don't know why a complaint to the apex court would ever be considered inappropriate? If anything, it is showing respect and deference to the court, surely...

And how is it the complainant's fault that the SC chose not to do anything and that the media got hold of the complaint somehow? And what legal obligation was she under to go to the police, after the SC refused to act?

anonymous 13 Jan 2014, 06:46

+0 -0

kian, the way i understand it is that the supreme court refused to act in its administrative capacity (the respondent being retired at the time the act was committed). approaching the police under an FIR would be a different matter. Thoughts?

Irony 13 Jan 2014, 08:25

+0 -0

True, section 39 CrPC for strange reasons exclude this offence from the duty to report!

Guest 13 Jan 2014, 12:59

+0 -0

You have stated that you have never read the provision which I have referred to. Let me explain. For any criminal offence alleged to have been committed, a complaint directly through Supreme Court, either through blog or affidavit, is not the appropriate procedure for the purpose of any investigation. A complaint can either be filed in any police station, subject to the jurisdiction as to the cause of action or in an appropriate Court, under section 156 (3) of the Cr. PC, 1973, or under Section 200 of the same Code. Definitely not before the High Court or Supreme Court or even before any Sessions Judge or Additional Sessions Judge. If anyone complains before the Supreme Court and it takes cognisance of the matter, that is purely an one-off exception, even if it concerns any serving or retired judge. For as far as allegation of commission of offence is concerned, even the serving judges enjoys no immunity, not even the prime minister. Immunity is enjoyed for action(s), if any, which has been done in good faith for the purpose of discharge of official duty. Surely molestation or rather allegation of molestation cannot be an action, which can occur during the discharge of any official duty. Hence, for any conclusive action either of acquittal or of conviction, apart these procedures, there are no other procedures and surely no Court apart from those mentioned herein, have, in terms of statute, any power to undertake investigation or even trial, suo motu. Such Courts can definitely take over trial, but first it has to be lodged in pursuance to the prescribed procedures.

kianganz 13 Jan 2014, 13:54

+2 -0

That's like saying, because the CRPC only specifies one recourse for an offence, it is wrong to do anything else, such as write a blog post or complain to someone else.

Say you're working in a Sensex company, and the CEO sexually discriminates against you by not promoting you. You don't file a criminal complaint because it is perhaps not a criminal offence, but you write a letter of complaint to the board / sex harassment cell. Or you choose to write a letter to the shareholders. Or you go to the media about the guy, if no action is taken internally.

Are those ok, or should the victim just shut up according to you because the CrPC is silent?

Say the same CEO then propositions you indecently (or say touches you indecently) without any witnesses. A criminal case as 'outraging modesty' might just be a possibility but hard to prove. Many lawyers would surely advise you to follow the internal non-criminal procedure of lodging an internal complaint first (or perhaps talk to shareholders, etc, if unsuccessful), rather than wasting time and money with an FIR. Other lawyers might advise you to file an FIR anyway, to intimidate the offender.

Now take the SC allegations. The possibility of a criminal case might exist but it could be hard to prove. But administratively, the court does have jurisdiction to decide over wrong doing or breaches of ethics of sitting and possibly former judges, or at the very least, it should be allowed to have a view about it and take action (which is the same power the CJI used to institute a Vishaka-style cell late last year, covering advocates).

If the SC then chooses to start an administrative procedure, as is it's absolute prerogative, why should you or the criminal law care in such a case?

Or, take the example of the US or UK. Say, a rape victim chooses not to file a criminal case because proof beyond reasonable doubt might be hard to establish. However, a civil case for compensation, where proof is on a balance of probabilities, might very well be successful.

Ultimately, unless there is a law that compels a victim to use it, whatever the victim chooses is the victim's prerogative and no one else's.

Guest 13 Jan 2014, 15:05

+0 -0

It is the victim who can choose her actions and none has any role in the matter. But our Constitution says, none can be pronounced guilty unless convicted by a court of law. Hence, unless such procedure is followed nobody can be condemned as guilty. The pronouncement has to be preceded by an appropriate legal procedure guaranteed by our Constitution. And, hence, that is the law. That the victim sues for compensation or adopt other methods is a different matter, but unless due process are adopted, none can be pronounced guilty. Kindly read Article 20 of our Constitution. And no consequence can follow unless one is pronounced guilty bypassing the prescribed procedure. Moreover, if your arguments can be considered, then each and every such allegation can be and should be dealt with from moral standpoint, and not on evidence, thereby giving a complete go-by to our Constitutional mandate.

kianganz 13 Jan 2014, 15:15

+1 -0

As far as I rexall, no one evrr pronounced anyone guilty in this matter...

Ganguly himself resigned voluntarily. The presidential reference never got a chance to come to a finding.

The media continued to write alleged victim and alleged harasser.

Protestors in Kolkata may have burnt effigies, but that is a matter for the police to take up if it amounts to harassment or assault.

Where is the wrong that's been committed?

Vijay 13 Jan 2014, 16:12

+0 -0

That precisely is the idea. No need for any pronouncement? Everyone has read the contents of her affidavit. The Judge is doomed!!

Femminist 14 Jan 2014, 03:18

+0 -0

[quote name="Vijay"]That precisely is the idea. No need for any pronouncement? Everyone has read the contents of her affidavit. The Judge is doomed!![/quote]

Yes, [b]Doomed [/b]! He can't get interns of the female variety any more... that is an extreme punishment.

Guest 15 Jan 2014, 06:34

+0 -0

The judge is doomed no doubt, over unproven allegation. If sensitivity or sensalisation of an issue becomes important and that warrants bypassing a settled legal procedures, which are mandated by our Constitution, and more so, such bypassing is done with impunity by a law student, who remains outside public domain, and the entire humiliation is faced by the alleged victim, then better it shall be the Code of Criminal Procedure, 1973, is repealed and proof of allegations be subjected to emotional arguments of preponderance of probabilities. Imagine Kasab going on a killing spree went on in full public glare, yet there was due process followed in ordering his death. How is the present instance more heinous or grevious that Kasab killing so many innocents?

Guest 15 Jan 2014, 06:57

+0 -1

I see the comment of Feminist, he/she says that he cant get female interns anymore. Let the facts be put straight. There was no advertisement that he wanted only female interns. Hence, this statement is wholly without any basis. And yes, nowadays, the days of female interns are numbered, thanks to the widespread malicious allegations by female interns or rather the attempt to vilify without due process of law. Those days are not far off when no men will like to keep women as their juniors or no male judges would like to keep women as their steno or any ministerial office staff. And the present trends clearly shows.

kianganz 15 Jan 2014, 07:01

+2 -0

That would be quite a pathetic (and probably illegal) reaction...

Vijay 15 Jan 2014, 15:52

+0 -0

Whether you like it or not, that is exactly what is going to happen.A judge will think of his remaining tenure and his retired life and say to himself, why should I put myself in a vulnerable position.It is so easy to make an allegation, get it published in a newspaper or in a blog and that is the END. There is no way effective way to prove your innocence. The only sensible course for a judge or a senior lawyer is, no female intern or a steno or a staff member. He gains nothing by having them.

kianganz 15 Jan 2014, 16:34

+2 -0

So, if this is the thing that will inevitably happen, according to you, how come judges and lawyers in the US or UK still hire women, despite such complaints occasionally occurring?

Vijay 16 Jan 2014, 02:00

+2 -0

Very good question. Probably they are confident of their due process of law.You can't destroy somebody's reputation/life's work with a blog one year after and publish an affidavit in a newspape two years after the alleged incidents !!!

Guest 15 Jan 2014, 06:30

+1 -0

Exactly that is what I say, "where is the wrong that's been committed?" Unless someone is pronounced guilty by due process, can there be any other process of pronouncing a person guilty? If that be so, it would be based on perception, much of which would be individual value judgement. Hence, neither the allegations could be proved nor the claim of innocence stands on strong pillars. In fact, since there is no formal complaint, in pursuance to the settled legal procedures, can the law take its own course?

Vijay 13 Jan 2014, 16:11

+0 -0

What if the CEO and the Complainant are no longer with the Company?

Femminist 14 Jan 2014, 03:24

+0 -0

[quote name="Vijay"]What if the CEO and the Complainant are no longer with the Company?[/quote]
Write about the harasser in your blog. Write to National Womens Commission. Donate to some NGOs. Sue the CEO in personal capacity for damages suffered, agony, depression, shock. Engage moonlighting cyber cell cops to privately tap the harasser's emails and mobile phone (this service available if you know your way around), find the something fishy. Use it all to establish balance of probabilities. Enjoy.

Dazed and Confused 13 Jan 2014, 06:50

+0 -0

I am Spartacus. http://knowyourmeme.com/memes/i-am-spartacus

Well done 14 Jan 2014, 04:22

+0 -0

Two good judges, many judgments involving the Congress government and now wondering how they got involved in this mess. Especially in the case of J Swatanter Kumar, he would've never imagined his friendly pat would cost him his entire legal career. Facts are yet to be established, but the intern in question has already succeded, and so have the Congress ministers. What a revenge! Well done, indeed!

Bogeyman 14 Jan 2014, 05:23

+1 -2

When was the last time something went their way for nujs?

Guest 14 Jan 2014, 07:18

+0 -0

Dear friends,

Today a press conference has been organised by some Human Rights groups and some eminent advocated of SC and Del HC at Bango Bhavan, 3 Hailey Road, New Delhi-100001, demanding immediate resignation of Mr. Swatanter Kumar from the National Green Tribunal. The conference is to start at 2:00 PM.

Guest 15 Jan 2014, 07:51

+0 -0

http://wap.business-standard.com/wapnew/lawyers-bodies-seek-resignation-of-justice-swatanter-kumar-0-114011400856

Vijay 14 Jan 2014, 12:01

+1 -0

There are hundreds, probably thousands of law schools in the country, but how come there are so many interns from NUJS in the Supreme Court?

anonymous 14 Jan 2014, 12:14

+2 -0

Hundreds/thousands of law schools in the country? Really?

Maybe NUJS is indeed better than hundreds/thousands of law schools...

Vijay 14 Jan 2014, 12:34

+1 -0

Certainly hundreds.About NUJS being better, I do not know.

Kumar, Ashutosh 19 Nov 2017, 21:45

+1 -0

This decision means denial of justice ! It is legally flawed and has probably been taken to buy time and thus allow the failure of memories !It can be tested by filing a genuine FIR.

Commenting is closed for this article.