The Rajya Sabha Secretariat has sought clarity from the law and justice ministry on whether a judge can continue to head the panel probing sexual harassment charges against a high court judge, despite
The Rajya Sabha Secretariat has sought clarity from the law and justice 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 of India 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, the A-G 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 RS 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.
