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#InternJudge adjourned to CJI Lodha tenure as amicus Fali recommends sex harass investigation procedure for current and ex-judges

Nariman: Amicus (photo via Penguin Books)
Nariman: Amicus (photo via Penguin Books)

Senior advocates Fali Nariman and PP Rao have completed their recommendations to the Supreme Court in what procedure to follow in case of sex harassment allegations against sitting and former judges, according to the @Spread_law account on Twitter, which is run by legal TV journalist Sumit Nagpal.

Nariman was asked to be amicus in the writ petition filed by a former intern of Justice Swatanter Kumar, who alleged that the ex-Supreme Court judge had sexually harassed her while she was interning with him, following a similar allegation against former Supreme Court Justice Ashok Ganguly.

Kumar and Ganguly both denied the allegations; Kumar has sued several media companies and the intern for defamation and continues as chairman of the National Green Tribunal (NGT) in Delhi; Ganguly resigned from his post as chairman of the West Bengal Human Rights Commission (WBHRC) without taking legal action.

The anonymous intern’s advocate Vrinda Grover confirmed to Legally India that at today’s hearing in the PIL, amicus curiae and senior advocates Fali Nariman and PP Rao submitted their written notes, which she had not yet seen but which will be disseminated to the parties in due course.

The matter was adjourned to 29 April 2014, which will fall under tenure of the next Chief Justice of India (CJI) RM Lodha.

Nagpal’s tweets, appear to quote passages from Nariman’s report:

Intern harassment case

Recommendations of Amicus curiae Senior Advocate, Fali S Nariman

Complaint of sexual harassment against a sitting judge of the High Court and #SupremeCourt can be investigated in accordance with Article 124.

For members of subordinate Judiciary.

There is a need to introduce some sections in the Judicial Service rules which will enable the High Court with power to impose punishment, warning or dismissal from service.

Retired judges of the #SupremeCourt, High Courts will be subject to the discipline of 2013 Act (law made after recommendations of Justice Verma committee).


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