Complaint in NHRC seeks sexual harassment report which gave clean chit to CJI Ranjan Gogoi

The National Human Rights Commission (NHRC) on Monday registered a complaint of a Thane-based advocate who has requested the statutory body to seek action report on the in-house inquiry committee in the sexual harassment case against the Chief Justice of India (CJI).

Advocate Aditya Mishra, in his complaint to the NHRC, said that he is concerned about the independence of the judiciary and the rights of the woman-complainant, who accused CJI Ranjan Gogoi of sexual harassment, at the same time.

"I am seeking intervention of the commission just to ascertain whether any violation of human rights took place in the case or not," Advocate Aditya Mishra said.

Advocate Aditya Mishra had earlier filed this complaint to the NHRC and followed it up later after a retired Supreme Court judge cited institutional bias in handling the sexual harassment case filed by a former SC staff against CJI Ranjan Gogoi.

Retired Justice Madan B Lokur wrote on May 22 in a national daily that the manner in which the case filed by the woman was treated by the top court was unfair. "Institutional bias is visible in the inquiry, which leaves complaints about victimisation unaddressed," said the retired justice, adding that the complainant in the sexual harassment case against the Chief Justice has "not been fairly treated".

Justice Lokur also asked why the woman victim in the case was not permitted any legal representation in the case. Since the inquiry was being conducted on an informal basis, Justice Lokur said the woman should have been allowed legal support.

In April, a former SC staff had written affidavits to all the judges of Court and had alleged that the CJI had made unwelcome sexual advances at her. She went on to allege that when she resisted CJI Ranjan Gogoi's sexual advances, she had to face administrative transfers and was later dismissed.

Soon after an inquiry committee was constituted to probe the allegations against CJI Ranjan Gogoi. The complainant did not appear before the committee but after hearing the CJI, the Supreme Court-appointed in-house panel gave a clean chit to the Chief Justice. The in-house committee, which was headed by Justice SA Bobde, said it found "no substance" in the sexual harassment allegations against CJI Ranjan Gogoi.

However, the contents of the report were never made public.

The woman later said that she found it "strange" that the complainant herself was not provided with a copy of the in-house committee report.