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After sitting over a sexual harassment complaint against a judicial magistrate for one-and-a-half years,a sexual harassment committee of the Punjab and Haryana High Court on Monday refused to intervene and informed the court that the matter be decided on the judicial side.
Surprised,Justice Tejinder Singh Dhindsa questioned the committees rationale behind refusing to probe the allegations,and asked it to place on record its decision.
The high court will now decide the matter on merits.
The allegations of sexual harassment were levelled by a peon in the Amritsar district courts,who worked at the residence of the judicial magistrate. The high court had handed over the matter to a sexual harassment committee,which was headed by a judge.
Holding that the allegations are very serious,the court had asked the committee to take appropriate action on the complaint of the woman. In the one-and-a-half years since,the victim was not summoned even once by the committee. Terming the committees action strange,Advocate Dilpreet Singh Gandhi counsel for the complainant contended that the woman was being harassed for lodging a complaint against a judicial officer. Referring to the Vishakha guidelines of the Supreme Court,Gandhi said that such matters needed to be looked into and decided by a committee.
In July 2011,the complainant,a widow,had lodged a complaint with the then district and sessions judge of Amritsar,alleging sexual harassment by a judicial magistrate. Days after,she was chargesheeted for not wearing her uniform properly and refusing to call out a case in the absence of another peon.
On the other hand,there was no action on her complaint. Last year,the woman approached the high court. In her petition,she gave details of the unwelcome behaviour and unsavoury remarks passed by the magistrate.
The woman said that she was asked to work at the residence of a magistrate,who is currently posted as a chief judicial magistrate (CJM) in a Punjab district.
The petition alleged that one day,when she was working at the magistrates residence,the magistrate told her: Tu bohat khoobsurat hai,te jawan hain,tu meri kothi hi reha kar (You are very young and beautiful,you should stay at my residence only). The judicial officer allegedly asked her to give him a massage on his legs and feet. When she refused,the magistrate allegedly threatened to give adverse remarks in her annual confidential report (ACR).
While hearing this petition,the high court on March termed them as being serious and directed that the case be placed before the sexual harassment committee. It also stayed the probe initiated against the victim by the authorities of the Amritsar District Court.