Why a 'Sexually Harassed Law Intern' asked Supreme Court Judge to recuse himself from her Case?

January, 10, 2017:

Victim Law Intern apprehends that she would not get Justice if the case is heard by a “colleague Judge.“

Victim`Ms X', who is a law intern and has made allegations of sexual harassment against a former Supreme Court Judge has now urged a Apex Court Bench Judge to recuse himself.

She took a plea that her petition shall be heard only by a Judge who had not worked with former SC Judge in either the High Courts or the Apex Court earlier.

SC Bench of Justice Kurian Joseph and Justice A M Khanwilkar was desirous of posting the case for final hearing, when Ms. Indira Jaisingh, Senior Advocate representing the Victim contended that the petition should not be heard by a “colleague judge“ of the 'Accused' retired Supreme Court Judge.

She stated that Justice Khanwilkar had worked with the 'Accused' Judge in Bombay High Court.

Justice Khanwilkar accepted that he had shared the bench with him and it is known to everyone as it is in public domain. He added that recusal shall be his personal decision.

But Ms. Jaisingh insisted that a fresh Bench be constituted to hear the case with a Judge who did not work with 'Accused' Judge.

Finally the SC Bench relented and said that constitution of a new Bench was the sole prerogative of Chief Justice of India and that it could not pass order on the issue.

She then sought permission to raise the issue before the Chief Justice of India.

Even though Additional Solicitor General Tushar Mehta maintained that there was no need to refer the case to another Bench but the Court, however, allowed her to mention the case before the CJI.

The matter before the Bench was a Transfer Petition filed by the victim law intern seeking transfer of her case from the Delhi High Court to another state where the accused judge had not worked.

The "Accused" Judge, in his affidavit before the apex court , has refuted the allegation against him as a malicious conspiracy to damage his reputation.

Read Laws @ Latest:Laws.com:

• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,2013
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules,2013

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Vishaka Guidelines against Sexual Harassment at Workplace