Delhi HC declines staying Dattu's CJI appointment over claim he contributed to harassment by dismissing cases

The Delhi High Court Friday refused to interfere with the appointment of Justice HL Dattu as the next Chief Justice of India (CJI), on a plea filed by an advocate and former Research and Analysis Wing (RAW) female officer against him for dismissing all her cases in the Supreme Court.

A division bench of Chief Justice G Rohini and Justice Pradeep Nandrajog dismissed the plea, which sought the recommendation of the government to the President to appoint Justice Dattu as the next CJI be quashed.

“Once the presidential approval is there, we can’t do anything. It’s not a matter of interference,” said the bench.

During the hearing, Additional Solicitor General Sanjay Jain, appearing for the central government, opposed her plea to quash the recommendation, saying the President has approved the appointment of Justice Dattu as the next CJI on Sep 5.

The ASG also argued that the petition is frivolous and should not be entertained.

The 51-year-old complainant alleged in her plea: “Quash recommendations reported to have been made by government - as council of ministers - to the President to appoint Justice HL Dattu as the Chief Justice of India.”

She alleged that she was a law student in 2011 when Justice Dattu began hearing all her court cases in the Supreme Court, her work place.

“He (Dattu) has since then contributed to her acute and intense sexual harassment even though - under the Vishakha guidelines of the apex court itself - he was obliged to protect her against it, even from the third party,” the plea said.

The plea said Justice Dattu dismissed all her cases and she had also filed complaints against him with police, the National Commission for Women and the Delhi Commission for Women. | Supreme Court, sexual harassment

Comments

Blahyer 19 Sept 2014, 11:39
+10 -0
How could this lady transgress into the exclusive jurisdiction of Mr. Manohar Lal Sharma, Advocate?
Babubhai Vaghela 19 Sept 2014, 12:33
+3 -2
This is an unreasoned order. Unreasoned is arbitrary and illegal. If Law debar intervention after CJI appointment has been made, Delhi HC should specify it. What action Police took needs response. What action NCW took also demand response. Delhi HC cant simply brush aside the writ.
Am I missing something? 19 Sept 2014, 13:12
+2 -4
If she is 51 then how can she be a law student in 2011?
Babubhai Vaghela 19 Sept 2014, 16:01
+3 -1
1948 born Babubhai Vaghela appeared for IIM CAT 2009 at the age of 61. 1957 born Arjun Modhwadia recently completed Law. She can be a Law student at 51.
Lawyer 19 Sept 2014, 16:45
+3 -0
Who is this Babu bhai?
Babubhai Vaghela 20 Sept 2014, 01:29
+0 -0
Google Search - Babubhai Vaghela Ahmedabad - to know about Whistle Blower, RTI User, Rights Activist, PIL Petitioner. Or call 9427608632. Or Email vaghelabdATyahooDOTcom. Or see on Twitter ATbabubhaivaghela.Or, on Youtube vaghelabd.
Blahyer 20 Sept 2014, 09:52
+2 -0
Arre, is this Babubhai commenting? Nice to meet you sir. Party?
Babubhai Vaghela 20 Sept 2014, 03:03
+1 -0
Babubhai Dhudabhai Vaghela would Love to interact with THE Lawyer
Blahyer 20 Sept 2014, 10:31
+4 -0
A google search shows that you were detained by the Prime Minister's office. Very bad sir.
JRD 20 Sept 2014, 11:27
+0 -0
I was a law student also from 2010-2013 and in 2013 at the age of 66, I became a lawyer (Aadhokayt, as some say in Mumbai). In fact in Mumbai a very high percentage of new lawyers are quite senior as far as age goes, suggesting that age is merely a number.
Anon 19 Sept 2014, 15:36
+0 -0
Does anyone have a copy of her petition? Does she accuse J. Dattu himself of sexual harassment?
kianganz 19 Sept 2014, 15:39
+0 -0
No, haven't been able to get it, but from what I understand from the reports so far, she doesn't accuse him of direct harassment, but of harassment by failing to protect her by dismissing cases she filed about her alleged harassment by another party?

Maybe someone can clear that up - none of the reports has been clear on this issue...
Anon 19 Sept 2014, 16:11
+0 -0
Kian, Do you have a copy of the order.

Also, it appears the petition was dismissed so your title is not exactly accurate as it suggests otherwise by stating "declines staying".
Anon 19 Sept 2014, 17:41
+0 -0
Read the judgement dismissing the petition at http://lobis.nic.in/dhc/PNJ/judgement/18-09-2014/PNJ19092014CRLW18892014.pdf
Guest 19 Sept 2014, 18:52
+0 -0
How the order completely refuses to mention the relief sought for beats me.
cm 20 Sept 2014, 10:43
+0 -0
Frivilous petition must be dismissed with cost. ....
Patil 20 Sept 2014, 14:27
+0 -2
I hope Legally India knows that it has just broken the law. Delhi High Court Rules specifically prohibit extracts from case pleadings being published without the permission of the court. In addition, this would be contempt of the SC as the allegations have been rejected, the order does not extract them, but your article does.
nisha priya 23 Sept 2014, 01:41
+0 -0
I am the petitioner who challenged Justice Dattu's appointment. If my comments are posted, Legally India is fair.
Anon 22 Sept 2014, 07:47
+0 -0
Kian why did you not allow the comment below:

Patil - Case pleadings are public records, we follow an open court system. Why are you trying to intimidate? There is no such rule, else produce it and we can debate on its constitutional validity.

The article is fair reporting.

How on earth do you see contempt of court here?

The order can be challenged as unreasoned prescisely because it does not tell us what the allegations were and what the relief sought was. A judicial order must disclose reasons from a mere reading of the order.
kianganz 22 Sept 2014, 07:48
+0 -0
Sorry, technical mess-up, thanks for re-posting!
nisha priya 23 Sept 2014, 01:39
+0 -0
Hi ! I am Nisha Priya Bhatia who has been fighting Justice H.L. Dattu for the last three years. I was a Class I Executive cadre officer in RAW, Government of India for 22 years with an outstanding record of service which included two stints of 5 years as a senior diplomat in the Embassy of India in Paris, France. I became an advocate only last year. Did my LLB from DU Law Centre II : 2010 - 13. My experience with Justice Dattu is that he keeps a harem of women supervised by Indira Jaising and Vrinda Grover. He uses these women to further his career with the help of the accused in my cases. My story is long - 3 years of fighting Dattu and before that 4 years of fighting those who openly ran prostitution rackets from RAW offices. Did I care? NO. My problem - because I wouldn't join these rackets, my job was taken away. Please wait for my book - but it will take time - obviously. Am ruined by Dattu and he is writhing to ruin me more. As for web, I've learnt that nothing goes viral here till by DESIGN. Else, I have been posting comments all over.
Lawyer 24 Sept 2014, 16:25
+0 -0
How can a Supreme Court judge 'further his career'?