Sexual harassment victim seeks SC judge’s recusal

Counsel said he had shared a Bench with the accused judge in the Bombay HC

Indira Jaising

A Supreme Court Bench of Justices Kurian Joseph and A.M. Khanwilkar on Monday expressed their strong reservations against senior advocate Indira Jaising’s request that Justice Khanwilkar should recuse himself from hearing a case of sexual harassment against former apex court judge and current National Green Tribunal Chairperson, Justice Swatanter Kumar.

Ms. Jaising, who appeared for the alleged victim and a former law intern, pointed out that Justice Khanwilkar had shared the Bench with Justice Kumar in the Bombay High Court.

Justice Kurian, who was heading the Bench along with Justice Khanwilkar, said it would be difficult for a sitting judge to function if recusal from a matter is sought on the ground that a judge shared a Bench once with other judges.

“Yes, I had the occasion to share the bench with him (Justice Swatanter Kumar) when he was Chief Justice of Bombay High Court. My recusal depends on how serious are the objections because it will be my personal decision,” Justice Khanwilkar said.

Additionally, the former intern's side does not want any judge who shared work space with Justice Kumar to hear the case.

The bench, however, granted liberty to Ms. Jaising to mention the matter before Chief Justice J.S. Khehar for the constitution of an appropriate bench.

Justice Kumar has described the allegations as “incredulous and false” and “some kind of conspiracy”.

Ms. Jaising said a transfer petition has been filed by the alleged victim for shifting of the main case from Delhi High Court to any other High Court where Justice Kumar has not served.

She said the very object of the transfer petition was to ensure that the proceedings are not affected by any kind of bias.