SC on the 'larger conspiracy' behind allegations on ex- CJI Gogoi 2021

Brief

On 18^th February, the Supreme Court closed the suo-moto proceedings which were instituted to examine if there was a "larger conspiracy" behind the allegations of sexual harassment against the then Chief Justice of India Ranjan Gogoi.

• DATE OF JUDGEMENT: 18^th February, 2021
• JUDGES: Mr. Justice Judge Sanjay Kishan Kaul, Mr. Justice Judge AS Bopanna & Mr. Justice Judge V. Ramasubramanian
• PARTIES: Shri Tushar Mehta - Solicitor General of India (Plaintiff)

SUBJECT

The following order after a period of 1 year, 9 months was held by the bench headed by Justice Kaul, observed that enquiry panel headed by former SC judge Justice AK Patnaik has submitted a report opining that a conspiracy behind the sexual harassment allegations cannot be "ruled out". The report mainly surmised that certain tough stances taken by ex-CJI (Chief Justice of India) Gogoi during his tenure could have triggered the allegations. In addition, the report also referred to an Intelligence Bureau input that several persons were unhappy with ex CJI. 

AN OVERVIEW

1. On 18^th February, the Supreme Court closed the suo-moto proceedings which were instituted to examine if there was a "larger conspiracy" behind the allegations of sexual harassment against the then Chief Justice of India Ranjan Gogoi.
2. The following order after a period of 1 year, 9 months was held by the bench headed by Justice Kaul, observed that enquiry panel headed by former SC judge Justice AK Patnaik has submitted a report opining that a conspiracy behind the sexual harassment allegations cannot be "ruled out". The report mainly surmised that certain tough stances taken by ex-CJI (Chief Justice of India) Gogoi during his tenure could have triggered the allegations. In addition, the report also referred to an Intelligence Bureau input that several persons were unhappy with ex CJI.

IMPORTANT PROVISIONS

Constitution of India

• Article 32 - a writ petitioncan be filed in the Supreme Court.

Indian Penal Code

• Section354A- Unwelcome touching or other physical contact. Asking or demanding sex or any other sexual Making remarks which are of a sexual nature (sexual harassment).

ISSUES

(Brought up by the Justice A.K. Patnaik)

• It was argued that one has not been able to obtain various records including electronic records of Whatsapp, Telegram etc.
• The existence of a conspiracy cannot be completely ruled out.
• It has been recorded by the learned Judge that in the final paragraph that the Director of IB in his letter dated 05.07.2019 has stated that on account of the then Chief Justice of India taking serious tough decisions like in the case relating to National Register of Citizens (NRC), there was strong reason to believe that persons who were unhappy with those decisions hatched a conspiracy against the then Chief Justice of India.

ANALYSIS OF THE JUDGEMENT

1. On 18^th February the enquiry report of Hon’ble Mr.Justice A.K.Patnaik, Retired Judge of this Court was placed before the three judge bench. On perusal of the report by the Court, it was found that the report is quite comprehensive as it has dealt with the scope of the enquiry, the materials and the findings and the conclusions along with the list of annexures and articles.
2. It was argued by the bench that the learned Judge has thus, recorded in the report that he has confined his examination to only one aspect i.e. the veracity of the version put forward by Mr. Utsav Singh Bains, in view of the limited mandate given to the Committee and not the merits of sexual harassment charges against ex-CJI Gogoi, the Committee felt constrained to proceed further.
3. Furthermore to the above mentioned fact, the report has also taken note of the limited investigative powers and access to records which it had and based on those materials and evidence before him, it has further been opined that it is not possible to find corroborative material qua the allegations of Mr. Utsav Singh Bains made in the
4. Taking into consideration that two years have elapsed and recovery of this electronic evidence would be difficult, the bench said, "No purpose will be served in continuing the proceedings. Accordingly the suo moto proceedings are closed." Not before the report also acknowledges that the existence of a conspiracy cannot be completely ruled out, the possibility still exists., especially since the scope of the enquiry and the power of the learned Judge is limited, no useful purpose will be served by continuing these proceedings
5. The learned Judge has recorded in the final paragraph that the Director of IB in his letter dated 05.07.2019 has stated that on account of the then Chief Justice of India taking serious tough decisions like in the case relating to National Register of Citizens (NRC), there was strong reason to believe that persons who were unhappy with those decisions hatched a conspiracy against the then Chief Justice of India.
6. In consequence of the above mentioned facts and merits of this case, it was held by the bench that especially since the scope of the enquiry and the power of the learned Judge is limited, no useful purpose will be served by continuing these proceedings. Thus concluding that, the proceedings are accordingly closed and the Suo Motu petition is disposed of, the report which has been opened be placed back in a sealed cover.

CONCLUSION

To bring to light that, the suo motu proceedings were initiated by a bench headed by former SC judge Justice Arun Mishra in April 2019. Subsequently, a lawyer Utsav Bains filed an affidavit making allegations of a conspiracy to malign then CJI hatched by persons in collusion with two dismissed employees of SC Registry. In addition to the above mentioned statements, all his allegations were handed to Court in sealed cover and the same was forwarded to Justice Patnaik Committee. Following the order held, the Court ordered the report submitted by Justice Patnaik to be placed in sealed cover.