Indians have understood “dirty game”, BCI expresses solidarity with CJI Ranjan Gogoi [Read Statement]

The Bar Council of India (BCI) has issued a statement expressing solidarity with the Chief Justice of India, Ranjan Gogoi, in the face of mounting criticism against the clean chit given by the In-House inquiry committee with respect to the sexual harassment allegations levelled against him..The open letter signed off by BCI Chairman, Manan Kumar Mishra starts off declaring that Indians have been wise enough to understand the “dirty game” played to spoil the Judiciary’s dignity with “very strong backing”. He then goes on to detail the “glaring things” noted in the account forwarded by the complainant to back the existence of the alleged ploy against the judiciary..“If you examine the complaint and the annexures and see the way facts are narrated; the manner in which she claims to have recorded everything in her mobile while at police station, and the way she has been dealing with police, the Courts, CBI, IB, everyone; if one analyses these things carefully, you will find something fishy,” states the letter..Inter alia, Mishra emphasises that the complainant appeared “quite comfortable” at the police station without legal counsel or audio-visual recording. In this context, he questions why the complainant expressed her discomfort in appearing without legal counsel or audio-visual records before the In-House Inquiry Committee, despite the presence of two lady judges..The Inquiry Committee decision itself has been lauded as “totally just and proper“. There is no need to include “any other outsider” or enlist legal assistance, adds the letter. While recording due respect to Justice DY Chandrachud’s reported appeal to include external members in the inquiry committee, Mishra goes on to state on behalf of the BCI that, “We are sure that the Hon’ble Mr Justice Chandrachud will also agree with our view.“.Ultimately, the BCI statement emphasises that no one should doubt the decision of the Inquiry Committee. Otherwise, “it will send a very wrong signal and there will be no end to such malicious complaints against the responsible authorities/persons discharging important functions.”.Time to amend Sexual Harassment laws factoring in mental and physical agony of the comman man.The episode has also prompted the BCI, through its Chairman, to call for amendments to laws concerning sexual offences including rape under Section 376 of the Indian Penal Code (IPC) and outraging the modesty of women under Section 354, IPC..Inter alia, the statement urges that statements by the prosecutrix in sexual offences should be viewed with more caution to avoid malicious cases. In this regard, the letter states,.“The oral testimony of the prosecutrix is enough to convict under Section 354 and 376 IPC”, Why? We are not in 18th century, that no one can presume that a female will never make such allegations to falsely implicate her enemies. We have great respect for our women. But time has changed, we must keep it mind. (sic)”‘.The letter goes on to emphasise that when the law is applied properly, “we found 90% (sexual offence} cases are resulting in acquittals”. However, as the “settled principals of Evidence Act (sic)” is kept in “waste paper boxes”, false implications are on the rise, states the letter..The BCI in this statement has also called for imposing a limitation period to report on sexual offences, arguing that a delay in reporting such cases “normally very much proves and establishes that the so-called prosecutrix was/is either a liar or was a consenting party.”.In view of these observations, the statement goes on to state that the Bar is hopeful that the judges will “realise the problems” and the “mental and physical agony and harassments of the common men.”.As for the sexual harassment allegations against CJI Gogoi that have presently assumed the spotlight, the BCI has expressed hope that everyone will “drop this episode from their minds”, given that it is “causing serious harm to the institution.“.The BCI has urged that everyone should be “vocal and discourage all negative forces who are active to weaken the institution.” The letter signs off by stating that,.“Bar is sure that not only its members, but every sensible citizen of the country will agree with the views expressed by the apex body of Advocates, and will stand with the highest institution of Justice.”.Read the BCI Letter: