7th May 2019

To

The Hon’ble Lordships

Hon’ble Justice S.A. Bobde, Hon’ble Justice Indira Banerjee and Hon’ble Justice Indu Malhotra

Subject: Request for copy of your report mentioned in Press Release dated 5th May 2019

Respected Lordships,

On 6th May 2019 a Press Release issued by Secretary General of the Supreme Court stated,

“The in-House Committee has submitted its Report dated 5.5.2019, in accordance with the in-House
Procedure, to the next senior Judge competent to receive the Report and also sent a copy to the Judge
concerned, namely, the Chief Justice of India.

The In-House Committee has found no substance in the allegations contained in the Complaint dated
19.4.2019 of a former employee of the Supreme Court of India. Please take note that in case of Indira
Jaising v. Supreme Court of India & Anr. (2003) 5 SCC 494, it has been held that the Report of a Committee
constituted as a part of the In-House Procedure is not liable to be made public.

Secretary General

Supreme Court of India”

I am shocked that despite my detailed affidavit, ample corroborative evidence and clear, consistent
statement before the Committee reiterating my experience of sexual harassment and consequent
victimisation the Committee has found "no substance" in my complaint and affidavit. I am shocked that
Committee has come to an adverse finding against me despite the fact that I was compelled to withdraw
from the Committee since the committee did not observe even the most basic principles of natural justice.
From the beginning I have been treated as an outsider, I have not been informed of the procedure, I have
not been informed of my basic rights and obligations with regard to the inquiry proceedings. From the
beginning there has been a lack of transparency in the functioning of the Committee and great prejudice
is being caused to me repeatedly.

While in the first notice received from the committee and in the first hearing , despite repeatedly asking
the Committee, I was not given any clarity on whether the present proceedings are in-house proceedings
or not. However, the in-house proceeding rules are now being used to deny me and the public a right to
the report. The Secretary Generals press note states that a copy of the report will not be made public
because of the Supreme Court judgement in Indira Jaising v. Supreme Court of India & Anr. (2003) 5 SCC
494. It appears from the press release that even I, the complainant, will not to be provided with a copy of
the report.

I have a right to the report, the reasons for the same as well as copies of the depositions of any witnesses,
any other persons or any other evidence considered by the Committee. Besides this, as is being reported
by the media, if a copy of the report is being given to the CJI directly or indirectly, I am entitled to a copy
thereof in any case. I find it rather strange that the complainant in a case of sexual harassment is not to
be provided with a copy of the report which finds her complaint to be without substance and that my
complaint has been held by the committee to be this without giving me any reasons for the same. The
Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act 2013 in
Section 13 provides that both parties have a right to receive a copy of the Report. Not providing a copy to
the complainant while holding her complaint to be unfounded would be a violation of the principles of
natural justice and a complete travesty of justice. It is also respectfully pointed out that the judgement
cited was given at a time prior to the Right to Information Act. Even according to the full bench judgment
of the Delhi High court in the Assets disclosure case, such a report should be accessible to any citizen
under the RTI. The full bench had held that even assets of judges would be accessible under RTI to any
citizen.

In these circumstances I request you to kindly provide me with a copy of the report since I have a right to
know how, why and on what basis have your Lordships found my complaint to have “no substance”