ALLEGATION AGAINST CJI: Should The Reputation Of CJI Allow Him To Go Against The Set Legal Provision
A very famous legal maxim named “Nemo judex in causa sua” that state that no one can be a judge in his own case. Every legal institution and the people associated with it are very well acquainted with this maxim and strictly adhere to it. But recently it can be evidently seen that the apex court has diverted its action against this maxim. An allegation of sexual harassment was filed by a former Supreme Court employee against the current Chief Justice of India Ranjan Gogoi. Four online media reporters published the allegation against the CJI. She has elaborately explained the victimisation faced by her and her family for refusing the sexual advances demanded by the CJI in her 28 pages write up by mentioning the instances from her professional experiences including the unreasonable transfer of her husband.
Though the case is still not decided it, can be seen through the interpretation by various authorities that the allegations are assumed to be false. Chief justice said that a bigger plot is being conspired against him and through such allegations ‘people want to deactivate the office of CJI.’ Giving an emotional stance to the whole issue he said that “This is the reward CJI gets after 20 years, a bank balance of 680,000. No judge is going to decide cases if this is the kind of attack we get. Reputation is the only thing we get. Even that is attacked.”
The attorney general of India KK Venugopal stated that though there is a legal bar, the names have been published and the solicitor general Tushar Mehta termed these allegations as a ‘blackmail technique’. Even the secretary general in his reply in favour for CJI claimed all the allegations to be a false statement that “It is not only mischievous but a complete afterthought of her to make these false allegations at this time.” Catching the point of the plot being planned against CJI as stated by CJI he said: “It is also very possible that there are mischievous forces behind all this, with an intention to malign the institution.”
The allegations are true or false are a matter of fact to be decided by the court but the issue that is grabbing attention is the procedure that is set forth in order to deal with the issue. A three-judge bench comprising of CJI Ranjan Gogoi, Justice Arun Mishra and Justice Sanjiv Khanna constituted to decide on this matter. Even if the order passed by them was signed by other two judges but being the part of the case of which he is himself is a party made him go against the set legal provision. Also, the deviation by the highest judicial authority of the country makes the matter even stodgier.