Saturday, April 20, 2019

Supreme Court under siege

It is distressing that there is a complaint against the Chief Justice of India that he had misbehaved with a lady Junior Court Assistant. Even as it is too premature to comment on the credibility or otherwise of the complaint, it is evident that the CJI is terribly upset. Under such immense psychological pressure, one is apt to make misjudgments. This is particularly sad because the function of a judge is to arrive at judgments.

The details provided by the complainant indicate that the CJI trained and even mentored her to become a better-informed and socially a more friendly person. He is said to have called her and texted her on many occasions before October 10th and 11th, 2018. These dates are relevant because the accusation is that the CJI misbehaved with her on these days.

The complainant has forwarded appeals against her harassment to the Delhi Commission of Women, Lieutenant Governor of Delhi Anil Baijal, the Prime Minister’s Office, the National Human Rights Commission, Special Commissioner of Police (Vigilance), Special Commissioner of Police (Law & Order), Chief Minister of Delhi Arvind Kejriwal, and the Union Ministry of Home Affairs. The appeal contains elaborate and date-wise details. If the complaint is false, then some expert must have prepared it and made it cogent.

It is too early to conclude if the complaint is genuine or as some claim is intended to preclude the CJI from pronouncing judgments in some politically sensitive cases.
“The allegations regarding 11 October 2018, as well as other allegations, are completely and absolutely false and scurrilous and are totally denied,” according to the secretary-general of the Supreme Court.

Pressure is telling on the Supreme Court. Without hearing the complainant, the judges who sat in the Court on April 20, a holiday, characterised the complaint as "wild and scandalous." The judges asked the media to exercise restraint and remove such material which is undesirable. Acute embarrassment is writ large in these words.

Indian politics and judiciary are facing one crisis after another. If a citizen anxiously wonders if we are capable of governing ourselves, we need not be surprised.


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