NEW DELHI: A day after a woman complainant wrote to the three-member Supreme Court in-house panel inquiring into the sexual harassment charges levelled against Chief Justice of India Ranjan Gogoi seeking recusal of one of the judges for fair inquiry, Justice N V Ramana recused himself on Thursday and refuted all allegations of possible bias.
Hours later, Justice Indu Malhotra replaced Justice Ramana on the three-member panel of Justices S A Bobde and Indira Banerjee. The panel will on Friday conduct its first hearing, wherein the former women staff of the apex was summoned.
Justice Malhotra was a member of the Vishakha Committee which drew up the guidelines to be followed in case of sexual harassment in workplaces across the country. She is also a member of the court constituted by the Supreme Court to deal with in-house sexual harassment complaints.
In a two-page letter, Justice Ramana said, “My decision to recuse is only based on intent to avoid any suspicion that this institution will not conduct itself in keeping with the highest standards of judicial propriety and wisdom. It is the extraordinary nature of the complaint and the evolving circumstances and discourse that underlie my decision to recuse and not the grounds cited by the complainant per se. Let my recusal be a clear message to the nation that there should be no fears about probity in our institution, and that we will not refrain from going to any extent to protect the trust reposed in us. That is, after all, our final source of moral strength.”
It is true that justice must not only be done, but also manifestly seem to be done, he wrote.
“Let me also caution, at this stage, that it is also equally true that no one who approaches the court should have the power to determine the forum and subvert the processes of justice. Let not my recusal in the instant matter be taken to mean, even in the slightest of measures, that we have transgressed either of these principles,” Justice Ramana added.
On Wednesday, the complainant had objected to Justice Ramana’s presence on the panel and claimed that he was a close friend of the Chief Justice of India and like a family member to him and used to frequently visit his residence. She had also pressed for majority women members and an external member on the panel.
CJI Gogoi was accused of sexual assault by the former officer who worked as a junior assistant at the Supreme Court between May 2014 and December 2018. In an affidavit filed in the Supreme Court, she alleged that following the sexual assault incident, she was unceremoniously terminated from her post.
The CJI has denied the allegations, saying he is being targeted as he has several important cases coming up.