Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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Criminal Law
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Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
Judgement Subject Index/Important Decision/Topic

ILC-2014-SC-CRL-Dec-19

Additional District and Session Judge ‘X’ Vs. Registrar General, High Court of M.P. and ors.

Head Note

Constitution of India, 1950  - Article 32.

Sexual Harassment of Lady Additional and Sessions Judge - Complaint against Sitting Judge of High Court - In-house Procedure - By forwarding the complaint received by the Chief Justice of India - It was not open to the Chief Justice of the High Court, either to constitute the "two-Judge Committee", or to require the "two-Judge Committee", to hold an inquiry into the matter, by recording statements of witnesses - The role of the Chief Justice of the High Court, being limited to the first stage of the investigative process, during which the only determination is, whether a prima facie case is made out requiring a deeper probe - The Chief Justice of the High Court had exceeded the authority vested in him under the "in-house procedure" - It is only in the second stage of the investigative process, that the Chief Justice of India, is to constitute a "three-member Committee" for holding a deeper probe, into the allegations levelled in the complaint - Petitioner fully justified, in submitting, that the "two-Judge Committee" constituted by the Chief Justice of the High Court, was beyond the purview of the "in-house procedure" - Proceedings adopted by the Chief Justice of the High Court are liable to be set aside - It is no longer viable, to strictly follow the "in-house procedure" contemplated for sitting judges of the High Court de novo - It is left to the Chief Justice of India, to take a fresh call on the matter - All that needs to be done is, that the role assigned to the Chief Justice of the concerned High Court, in the first stage of the "in-house procedure", will now have to be assigned to someone other than the Chief Justice of the concerned High Court - In taking a decision on the matter, the Chief Justice of India may assign the above role to a Chief Justice, of some other High Court - Or alternatively, he may himself assume the said role.

Topic(s)-Sexual Harassment - Sitting Judge of High Court - In-house Procedure - Directions issued

Important Decision(s)- Sexual Harassment - Sitting Judge of High Court - In-house Procedure - Directions issued







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