Parallel with allegation against former CJI Gogoi cited in Supreme Court
When the Supreme Court has reinstated an employee who had accused the then Chief Justice of India Ranjan Gogoi of sexually harassing her, how can it haul up activist Prashant Bhushan for contempt for voicing his bona fide opinion about the judiciary and an action of the incumbent Chief Justice, senior advocate Dushyant Dave asked on Wednesday.
The top court on July 22 initiated contempt proceedings against Bhushan for a tweet about Chief Justice S.A. Bobde posing on a Harley Davidson and another alleging that democracy had been destroyed in the country during the last six years under the last four Chief Justices.
Dave appeared for the activist before a bench headed by Justice Arun Mishra and including Justices B.R. Gavai and Krishna Murari.
“The Supreme Court has taken back the woman who raised sexual harassment charges against a former Chief Justice of India. What does that mean? It says there was truth in her allegations.… When allegations are made against the highest constitutional functionary, please, for God’s sake, do not suppress it,” Dave pleaded.
Had her allegations been untrue, these would amount to contempt, Dave said. But since the top court chose to reinstate her in January this year, it suggests that what she alleged was the truth, for which no contempt arises.