Enquiry strengthens independence of judiciary: Jurist Rakesh Dwivedi on allegations against CJI

An "impartial enquiry alone" would test the veracity of sexual harassment allegations against CJI Ranjan Gogoi and strengthen the 'Independence of Judiciary', senior advocate and noted jurist Rakesh Dwivedi said Monday.

Favouring enquiry, the noted lawyer asked, "Can we discover the conspirators without an enquiry. The impartial enquiry alone will tell us whether the charges are true or false and once the falsity is established the conspirators would be found".

This is not a matter of conflict between political parties -- Left, Right or Centre and all should support the impartial enquiry which affords the employee full opportunity, he said, adding "whether CJI should stop functioning for a while or not should be decided by the full court".

Dwivedi said he felt that the CJI should stop functioning "when and if the enquiry committee finds a prima facie case against him. But enquiry, if avoided, would be a serious setback to Independence of Judiciary".

On Saturday as well, he had termed as "unusual, extraordinary and unlawful" the hearing into the matter by a three judge bench headed by the Chief Justice of India himself.

He also said on Monday that the people must stand "rock solid" with the judiciary and the Judges to protect the independence of the judiciary.

Has however said: "What does this mean in the present context of a very serious charge of sexual harassment levelled by an employee of the court against the CJI."
On independence of judiciary as a basic feature of the Constitution, he said, "It is a concept which ensures functional independence from the influence of the Executive, Parliament and outside influences. If this protects the judges from misdemeanours then it is going to be a disaster for judges right down to the District Courts can use this to brush aside serious charges."