Probe report on sexual harassment can't be withheld, says apex court

The Supreme Court has held that an enquiry report on sexual harassment charges cannot be withheld citing national security concern.

A bench of Justices Madan B Lokur directed handing over the copy of the report to petitioner, an ex-RAW officer, who complained of sexual harassment by her seniors. Two separate committees had inquired into her allegation in 2008 and 2009.

In an affidavit filed in 2010, the Union government contended disclosure of the contents of the report would be against national interest and would compromise national security. It also claimed the petitioner belonged to the highly sensitive organisation, entrusted with the delicate job of collecting and analysing intelligence inputs necessary to maintain the unity, integrity and sovereignty of the country.

After going through the reports, the bench said, “We find it very odd that in a matter of an enquiry in respect of an allegation of sexual harassment, the Union of India should claim privilege under Sections 123 and 124 of the Evidence Act. The contents of reports alleging sexual harassment can hardly relate to affairs of state or anything concerning national security.”

The court also noted that the law officer failed to point out which part of the reports was sensitive enough to warrant withholding its disclosure.