I have sent the following email on 29 January 2014 interalia to the Chief Justice of India and to Chief Justice Ramana of the Delhi High Court:
All,
The captioned matter is listed for hearing tomorrow (30
January 2014) in the Delhi High Court. I have been informed that it will be
listed before a Special Division Bench of Judge S K Mishra and Judge Suresh
Kait.
I am really shocked that this matter has been marked to this
Bench by Chief Justice Ramana.
There are several reasons why I will not get a fair hearing
from this Bench:
First, I have in my email titled “Complaint against
Swatanter Kumar - message to Chief Justice of India from General Electric
whistleblower and advocate – Seema Sapra - Writ Petition (Civil) 1280/ 2012 –
in the matter of Seema Sapra v. General Electric Company and Others in the
Delhi High Court” and dated 14 January 2014 addressed to the Chief Justice of India
to Chief Justice Ramana, to the Bar Council of Delhi, to the Registrar General
of the Delhi High Court and among others to the Delhi Police Commissioner
stated the following:
“To
the Bar Council of Delhi, to the Chief Justice of India, to the Chief Justice
of the Delhi High Court, to the Registrar General of the Delhi High Court, to
the Police Commissioner for Delhi, and to All Others,
Ref:
Complaint by intern against retired Supreme Court of India Judge Swatanter
Kumar
I
have filed a whistle-blower corruption and right to life Writ Petition pending
in the Delhi High Court since February 2012 – Writ Petition (Civil) 1280/ 2012
– in the matter of Seema Sapra versus General Electric Company & Others.
CM
2477/ 2013 (attached) pending in this matter also seeks the following relief:
“Direct
the Government of India
the
petitioner’s complaint of sexual harassment against Mr Soli j Sorabjee, when the
latter held the constitutional post of Attorney General of India”.
I
am writing in connection with the complaint of sexual harassment made by a
female intern against retired Supreme Court of India Judge Swatanter Kumar.
I
request that this complaint be properly investigated in accordance with law and
that the matter not be brushed under the carpet as suggested by Mr Harish
Salve.
I
am shocked to see the likes of Soli J Sorabjee and Rajiv Dhawan attacking the
intern in news interviews and coming to the support of Swatanter Kumar.
Several
lawyers have confirmed that (sitting Delhi High Court Judge) Gita Mittal and
Swatanter Kumar were in a sexual relationship when she was his junior and also
after
Swatanter
Kumar became a judge. Swatanter Kumar then used his judicial position to have
Gita Mittal appointed as a Delhi High Court judge. When Gita Mittal's name for
a judicial appointment was being considered, some lawyers had distributed
pamphlets in the Delhi High Court that Gita Mittal and Swatanter Kumar (then in
Chandigarh High Court) had been secretly meeting in a resort midway between
Chandigarh and Delhi for their sexual assignations.
I
was told by several lawyers that Gita Mittal is corrupt and can be approached
either directly or through Swatanter Kumar.
I
have also learnt that Delhi High court staff including court stenographers had
also complained about Swatanter Kumar's inappropriate behaviour when he was a
Delhi High court judge.
Many
other lawyers openly corroborate the reputation of Swatanter Kumar as a
sexually licentious man who has a history of using his position as a judge to
sexually exploit staff, interns, lawyers and even women officers from the lower
judiciary. One Delhi High Court lawyer told me that Swatanter Kumar was
“habituated” to this kind of behaviour. Another woman lawyer informed me that
while in the Bombay High Court, Swatanter Kumar was always found in hotel rooms
and that he had destroyed the careers of several woman magistrates who had refused
to succumb to his demands for sexual favours and gratification.
There
seems to be a male lobby of powerful lawyers and judges who have been sexually
exploiting women lawyers and court staff and who come to each other’s defence
when charges get levelled against any one of them.
Rajiv
Dhawan was accused in 2000 of sexual harassment and assault by a young lawyer
working in an NGO headed by him called PILSAARC. Rajiv Dhawan had not only
attempted to force himself upon this lady but had beaten her when she resisted
and had even banged her head against the wall. She had bruises all over her
body after this assault. This matter was hushed up with the help of Soli J
Sorabjee. The lady was
pressured
to accept money from Rajiv Dhawan and to withdraw her complaint. She was
hounded out of the profession and no one knows where she is now. Rajiv Dhawan
was protected and is still strutting around the corridors of the Supreme Court
of India and is publicly defending other prominent persons like Swatanter Kumar
accused of sexual misconduct.
Soli
J Sorabjee has a long history of sexually exploiting his juniors and several
lawyers and this is open knowledge in the corridors of the Supreme Court of
India and the Delhi High Court.
In
2001, Soli Sorabjee sexually harassed me as described in CM 2477/ 2013 pending
in WP Civil 1280/ 2012.
In
2013, Soli J Sorabjee is busy publicly defending both A K Ganguly and Swatanter
Kumar (both retired Supreme Court of India Judges) against charges of sexual
assault and sexual harassment.
I
was sexually harassed by Raian Karanjawala around 1999 and he is the person who
recommended that I work with Soli J Sorabjee. Raian Karanjawala was aware that
Soli J Sorabjee had sexually harassed me.
Raian
Karanjawala has had sexual relations with his female juniors over several years.
One of them Nandini Gore is rumoured to have borne him a son (Rahul Gore) whose
facial features resemble Raian Karanjawala and not Nandini Gore’s husband. See
the attached photographs.
In
2009-2010, I heard rumours that Raian Karanjawala had had a sexual relationship
with one of his juniors called Niharika Aditi Nanda. While working at
Karanjawala & Co. for briefly in 2010, it also appeared to me that Raian
Karanjawala was sexually involved with another junior working in his office
Manasi Gupta.
Raian
Karanjawala is now defending Tarun Tejpal in his rape criminal case. Raian
Karanjawala’s law firm also sent the intimidating notice on behalf of Swatanter
Kumar to silence the media from reporting on the intern’s charges of sexual
harassment against Swatanter Kumar.
Sexual
harassment charges levelled against sitting Delhi High Court judges (V K Jain
and Suresh Kait) and recently retired Delhi High Court Judge (M L Mehta) were
covered up without a proper enquiry and after pressurizing the complainants to
withdraw their complaints. DHCBA chairman A S Chandhiok played a role in this
cover-up.
I
am shocked that a man of Swatanter Kumar’s proclivity was not only appointed as
a judge but went on to act as Chief Justice of the Bombay High Court, a judge
of the Supreme Court and is now heading the National Green Tribunal. Lawyers
like Harish Salve (who was Soli J Sorabjee’s junior) use and exploit this
weakness of Swatanter Kumar to obtain favourable court orders. I am concerned
that Harish Salve’s involvement in the matter involving the complaint against
Swatanter Kumar is intended to cover up this complaint and to protect Swatanter
Kumar.”
I
reiterate that I have stated the following against Justice Suresh Kait in this
email complaint dated 14 January 2014 which has been widely circulated by me
among lawyers and the Press:
“Sexual
harassment charges levelled against sitting Delhi High Court judges (V K Jain
and Suresh Kait) and recently retired Delhi High Court Judge (M L Mehta) were
covered up without a proper enquiry and after pressurizing the complainants to
withdraw their complaints. DHCBA chairman A S Chandhiok played a role in this
cover-up.”
I
will not obtain a fair hearing from J. Suresh Kait and reasonably apprehend
that he will be prejudiced towards me, will bear malice towards me, and will be
vindictive towards me.
A
copy of this email complaint is part of the affidavit dated 21 January 2014
filed by me in the captioned matter.
Second, J. Suresh Kait has already been exposed as a corrupt
judge who had falsified records of court proceedings and court orders in the
matter of Mr Deepak Khosla and when Mr Deepak Khosla had produced evidence of
this misconduct, J. Suresh Kait passed vindictive orders to victimise Deepak
Khosla. Contempt of court proceedings are pending against J. Suresh Kait in the
Delhi High Court. Prominent lawyers like Prashant Bhushan complained to the
Chief Justice of India against Judge Suresh Kait and requested the withdrawal
of all judicial work from J. Suresh Kait. A copy of the complaint dated 21 February 2012
against Judge Suresh Kait made by the Campaign for Judicial Accountability and
Reforms and signed by its convenor Mr Prashant Bhushan is attached.
It is shocking that a corrupt, vindictive and dangerous man
like J. Suresh Kait is still being allocated judicial work in the High Court of
Delhi.
Third why has Chief Justice Ramana constituted a Special
Division Bench headed by Justice S K Mishra who is not senior enough to be
heading a regular Division Bench?
There are at least two Delhi High Court judges senior to
Justice S K Mishra who could have heard this matter and this matter should have
been allocated to a Division Bench headed by either of them, i.e., either Chief
Justice Ramana himself or Justice Sistani.
Why has this matter been marked to a Division Bench presided
over by J. S K Mishra who does not enjoy a clean reputation amongst Delhi High
Court lawyers and is perceived as corrupt.
I will be asking this Bench tomorrow to recuse itself from
hearing this matter.
It is shocking that Chief Justice Ramana has deliberately
put me in this position of having to appear in a Division Bench of which Judge
Suresh Kait is a member.
Seema Sapra
Read the complaint against Suresh Kait sent to the Chief Justice of India by the Campaign for Judicial Accountability & Judicial Reforms at https://drive.google.com/file/d/0BxHBZ8fQxNoQVEZVaGVEcS14eFE/edit?usp=sharing
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