No permission required to prosecute for s*xual harassment
sirs, in my FACEBOOK profile I got a news report:- �the new indian express on today 9-5-19 at 3 pm. According to legal experts, she can file a Criminal complaint but since CJI is involved, it would need the president�s nod before anything can be initiated. Photo of lady police and civilians and poster. Procedure and report have failed the rule of law. Sexual harassment allegation against CJI victim move Court to see. According to legal experts, she can file a Criminal complaint but in this case� newindian express.com�.
in the present case, allegation is, male Chief Justice of India, had hugged and asked double meaning questions to 35 years old temporary female employee, is the allegation. These conducts/ acts are not in the duty of a Govt. employee, even if a judge. Thus without any permission, the private Criminal complaint in the Judicial Magistrate meant for the Govt. quarters of Chief Justice of India, can be filed.
Only when a Govt. employee doing his duty (not any Govt. work, but only his allotted duty), or while trying to do his duty, commits a crime, the appointing authority to give permission. Example, male gynecologist have many a duties, which can be a s*xual crime to female, example allegations of female employee against the Chief of Tehelka periodical.
An imaginary example, Chief Justice of India had to write a judgment with s*xually offending dialogues. His duty is to write judgment. He can write judgment on any case only after that is listed in his Court. To this incident without permission of his appointing authority, Magistrate cannot take cognizance. In the case of hugging etc, if there is a complaint, and if the Magistrate is having courage to take cognizance, the Chief Justice of India will have to take leave, appear in Magistrate Court and cross examine the complainant. But other legal experts wrote wrong.
Thanks. Yours truly,
Advocate Ramanathan.G, Enrl No.K/1424-G/2000, ph 9249119984, 9947324926, 9544411365. Geethu Nivas, Parayakad, North Paravur, Ernakulam District, Kerala State-683513.