Suppression of the In-House Inquiry Committee report giving clean chit to Chief Justice Ranjan Gogoi on allegations of sexual harassment has dented the "prestige, credibility and integrity" of the judicial system, noted jurist Rakesh Dwivedi said on Tuesday.
The senior lawyer, who had earlier advocated "impartial enquiry" into the allegations, made scathing observations on the inquiry proceedings and non-disclosure of the report saying "scrutiny by people is the hall mark of Justice".
The CJI Monday got a clean chit from a three-member Inquiry Committee headed by Justice S A Bobde which found "no substance" in the allegations of a former woman employee of the apex court and further ruled that the report was not "liable to be made public".
"It has been the trait of Monarchy, Imperialism, Dictatorships and Authoritarian Empires to shut out information and knowledge about what may supposedly impact them adversely so as to avoid scrutiny," Dwivedi told PTI.
"Why has our Highest Judiciary relapsed into this Monarchical and Dictatorial Scheme of dispensing justice by seeking refuge behind the smokescreen of informal in house enquiry at a time when the credibility of the Institution is at stake," he said.
The apex court should undergo 'Agni-Pariksha' and share the report with the public for larger interest of the judiciary, the noted jurist said.
The CJI, the person complained against, would get to see the report but not the complainant, nor the nation, he quipped.
"Please do not shirk collective responsibility. Judicial power vests there (full court). We look up for a responsible and democratic Judiciary. Please for God sake remove the blindfold from our eyes. Trust the people. People need Judiciary. They want its independence. They trust their judges. Do not betray their trust. You stand at the brink. Don't run away from the Agni-Pariksha. Disclose the report to the people," he said.
He was critical of the argument that as the inquiry was "informal and in-house", the common public was "persona non grata" (unwelcome person).
An attempt has been made since beginning to "shut out the inquiry," Dwivedi said.
"Lets recall the Saturday emergent sitting of three judges with the CJI presiding to clear himself. Protests led to a panel of enquiry ratified by full court... The lady was denied lawyers assistance despite heavy atmosphere of deposing before three judges against their own senior most. This was difficult to understand...," he said.
Citing example, he said Judge Kavanaugh was examined by the US Senate in the process of appointment and the process "instilled confidence in the judicial System" and institutional integrity and credibility was preserved.
"Contrarily, panel enquiry and suppression of report from 'us the people' has dented the prestige, credibility and integrity of the Judicial system. Justice has become cloistered, emasculated and we have been blindfolded. Monarchical Justice this is," Dwivedi said.
"Don't carve out norms and procedures which stultify the course of justice and scrutiny. Scrutiny is intrinsic to democracy. By shutting out fair participatory enquiry you are pushing people who yet not believe the charge against the CJI to entertain a doubt if their disbelief was incorrect," he said.
He said that of the full court must give a close look to the report of the panel "in the absence of the CJI".
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