CJI allegation: Will see root of matter, says SC

The Supreme Court on Wednesday said it would take to logical conclusion the matter in which sensational claims were made by a lawyer that a fixing circle by “disgruntled employees” operated in the top court and tried to frame Chief Justice of India Ranjan Gogoi in a “false” sexual harassment case.

“Fixing has no role to play in the system. We want to go to the root of the matter. Who are these fixers? We would inquire, inquire and inquire until we go to the final conclusion,” a three-judge bench presided over by Justice Arun Mishra said.

“If any fixing circle is operating in the SC, the entire country will lose faith in judiciary. This institution is greater than all of us,” the bench, also comprising justices R F Nariman and Deepak Gupta, said.

The court’s strong remarks came as it took up an affidavit and other materials furnished by advocate Utsav Singh Bains, alleging a larger conspiracy to frame the CJI.

The court was hearing a suo motu matter registered on Saturday as a “matter of great public importance touching upon the independence of judiciary” after the charges made by a former woman employee were published in a group of news websites.

After going through materials furnished by Bains, the bench sought the presence of the CBI director, Intelligence Bureau chief and Delhi Police Commissioner inside their chambers to discuss the future course of action.

Resuming its hearing in the afternoon, the court asked Bains to produce further materials and affidavit on Thursday, the next date of hearing. Bains, for his part, sought to claim privilege upon some of the materials, which was objected to by Attorney General K K Venugopal, saying a private person cannot take refuge under Section 126 of the Indian Evidence Act.

At the outset, the lawyer handed over some materials, including CCTV footage, which the court, after going through, described as “highly sensitive”.

“It is something very serious and disturbing with regard to the independence of judiciary,” the bench said.
During the hearing, the bench disclosed that the lawyer has claimed, “Tapan Kumar Chakravorty, Manav Sharma and some other employees hatched a conspiracy... We will not tolerate this nuisance. He says it is a game of the employees.”

The two employees were dismissed by the CJI after it was found that they tampered with the court’s order with regard to contempt proceedings against industrialist Anil Ambani.

Senior advocate Indira Jaising expressed her concern with the court’s proceedings. She intervened on her own behalf to seek a “free, fair and impartial inquiry” into an affidavit sent by the ex-woman employee, making sexual harassment charges against the CJI. The court, however, said, “Hearing before the bench is not in supersession of another in-house inquiry (headed by Justice S A Bobde). It would not prejudice other proceedings. Here, we want to know the veracity of the claims by the lawyer.”