Questions the right of the petitioner to appear before the court

New Delhi : The Supreme Court has refused to give an urgent hearing on PIL seeking judicial inquiry into a complaint of a woman judge of Gwalior who accused a Madhya Pradesh High Court judge of sexually harassing her.

A bench headed by Chief Justice R M Lodha questioned the locus of the petitioner, a lawyer, in the case and said that matter would be taken up in due course when it is listed for hearing.

The petitioner, M L Sharma sought lodging of an FIR and probe against the High Court judge for allegedly harassing an Additional District and Session judge of Gwaliar who quit judicial service.

The PIL also sought suspension of the judge of the Gwalior bench of the high court, who had allegedly sexually harassed the woman judge, during the pendency of the inquiry.

“To appoint a judicial inquiry by this court itself consisting justices of the Supreme Court in the impugned scenario for further action/prosecution in accordance of law/IPC as well as within the directions issued in the Vishakha judgement to provide complete justice to the petitioner,” the petition said.

“You have no reason to bring such statements. We will have to go on with the hearing as per the statements recorded in our order,” the bench said.

During the hearing, the bench said it was mainly concerned with the issue “whether Sharma has complied with statement made before the court or not” and later at relevant time it would consider other things including the allegation of suppression of facts by state government as alleged by him.

Gujarat Government through Additional Solicitor General Tushar Mehta and advocate Devang Vyas said it was ready with the matter. The apex court on Monday had directed Sharma to file compliance report of its order passed in 2011 directing him to delete portion of his petition relating to Modi’s personal life.

The bench had said there should not be any disrespect to court’s order and directed both Sharma and Gujarat government to file compliance reports by August 6.

The apex court had on May 12, 2011 taken strong exception to the submissions of Sharma aimed at tarnishing the image of Modi and directed him to delete those paragraphs from the petition. The IAS officer is facing five criminal cases including his alleged involvement in land scam registered against him since 2008 in Rajkot area. He approached the apex court seeking transfer of cases against him to CBI.

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