Sexual harassment probe: RS seeks clarity from law ministry

The Rajya Sabha Secretariat has sought clarity from Law Ministry on whether a judge can continue to head the panel probing sexual harassment charges against a high court judge despite his retirement from the Supreme Court as it is not satisfied with the opinion given by the Attorney General.
Attorney General Mukul Rohatgi had told the Secretariat last week that the Rajya Sabha Chairman can decide on whether Justice Vikramjit Sen can continue to head the three-member panel probing sexual harassment charges against Madhya Pradesh High Court judge S K Gangele despite his retirement from the Supreme Court on December 31, 2015.

He had said since the Judges Inquiry Act of 1968 is silent on whether a judge can continue to head the probe panel even after his retirement from the Supreme Court, in his opinion Justice Sen can continue to preside over the committee.
On the stand taken by the Law Ministry that Justice Sen should not continue as he headed the panel by virtue of being a SC judge, AG had said that even the opposite view "is also not contrary to law."
He had said that both the views are valid and the Rajya Sabha Chairman can decide on whether Justice Sen can continue to head the committee.

Now the Rajya Sabha Secretariat has sought clarity from the Law Ministry and has asked it to come up with a specific answer on whether or not Justice Sen can continue.

Justice Sen was a sitting Supreme Court judge when he was appointed the chief of the panel in April last year.
The Ministry was also asked if another sitting SC judge is appointed in place of Justice Sen, will the panel start its investigation afresh or continue from where the Sen panel had left.
The AG said the probe by the committee could recommence from the stage it was on December 31 when Justice Sen retired.

In April last year, Rajya Sabha Chairman Hamid Ansari had set up the three-member panel to investigate sexual harassment charges against Justice Gangele.
Besides Justice Sen, other members of the committee are Justice Manjula Chellur, Chief Justice of Calcutta High Court, and jurist K K Venugopal.
In March last year, 58 MPs had submitted a motion to Ansari for initiating impeachment proceedings against Justice Gangele for alleged sexual harassment of a woman judge in Gwalior. The motion was admitted by Ansari.
The motion lists three "grounds of misconduct" for impeachment. "Sexual harassment" of the woman judge, "victimisation" of the judge "for not submitting to his illegal and immoral demands", including but not limited to, transferring her from Gwalior to Sidhi, and "misusing" his position as the administrative judge of the MP High Court to use the subordinate judiciary to victimise the judge.