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Sexual harassment cases can't be swept under the carpet: Supreme Court

SC declines to quash disciplinary proceedings against ex-district judge
Last Updated 26 February 2021, 11:29 IST

The Supreme Court on Friday said it cannot allow sexual harassment cases to be swept under the carpet, as it declined to provide any relief to a former district district facing disciplinary proceedings for his demeanour.

The retired judge from Madhya Pradesh challenged the proceedings against him initiated by the Madhya Pradesh High Court, though a junior judicial officer, who made the allegations, had preferred to withdraw it.

A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian said: "We cannot allow sexual harassment cases to be swept under the carpet like this."

The bench asked the judge to withdraw the petition challenging the disciplinary proceedings.

"You are walking on a very thin line you can fall from at any time. You may have a chance in the inquiry you may get acquittal. But today as the matter stands you are already convicted," the bench told petitioner Shambhoo Singh Raghuvanshi's counsel, senior advocate R Balasubramanian.

After a detailed hearing, court said it would pass a short order dealing with petitioner's contention and then dismiss the petition.

However, the petitioner's counsel asked the court to allow him to withdraw the petition with the liberty to participate in the inquiry.

On September 4, 2020 the court had stayed disciplinary enquiry.

He had then contended that the petitioner had unblemished 32 years record of service. He was to be considered for elevation to the HC but unfortunately a 2018 complaint surfaced, leading to enquiry.

He had to face this embarrassment on the verge of retirement, his plea claimed.

On February 16, the court, however, took exception to the conduct of then district judge, who allegedly sent offensive and inappropriate messages to a junior officer and justified this conduct as mere "flirting". The Madhya Pradesh High Court's counsel pointed out to some of the WhatsApp messages, asking "What kind of judicial officer is he?"

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(Published 26 February 2021, 11:14 IST)

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