Press Release dated 30 January 2020
An update regarding my sexual harassment and sexual assault case against Soli Sorabjee and Raian Karanjawala
Writ Petition Civil 1027/2018 filed by me was disposed off by the Supreme Court on 14 August 2019 with the following observation:
"Writ Petition (C) No.1027 of 2018
31. By this writ petition the petitioner has prayed as follows:
“(i) Issue a writ of Mandamus to Respondent 1, the Government of India through the Ministry of Home Affairs to act on the Petitioner’s complaint forwarded to the President and Prime Minister of India by email dated February 12, 2013 and to constitute a high level complaints committee in accordance with the Supreme Court’s directions in Vishaka & Others v. State of Rajasthan & Others and in Medha Kotwal Lele and Others v. Union of India and Others to investigate zand redress the petitioner’s complaint of sexual harassment against Mr. Soli J. Sorabjee, when the latter held the constitutional post of Attorney General of India;
(ii) Direct the CBI and Police to register an FIR against Soli J Sorabjee for sexually assaulting the petitioner and attempting to rape her after plying her with alcohol and after possibly drugging her;
(iii) direct the Supreme Court Gender Sensitisation and Internal Complaints Committee to examine the petitioner’s complaint of sexual harassment against Raian N Karanjawala;
(iv) In the alternative to prayer (i), direct the Supreme Court Gender Sensitisation and Internal Complaints Committee to examine the petitioner’s complaint of sexual harassment against Soli J Sorabjee;
(v) Direct the respondent no.1 to provide the petitioner with Z+ security;
(vi) To pass such other orders and further orders and to issue such other and further writs as may be deemed necessary on the facts and in the circumstances of the case.”
32. As noted while disposing of the accompanying writ petition, we deem it appropriate to dispose of even this writ petition with liberty to the petitioner to pursue remedy before the Delhi High Court, already filed by the petitioner. In our opinion, it may not be appropriate to permit the petitioner to approach different forums for overlapping issues concerning her security or her grievance regarding inaction of the Authorities to process her complaint regarding sexual harassment. Accordingly, we dispose of this writ petition with liberty to the petitioner to pursue remedy before the Delhi High Court in the pending proceedings or by way of substantive proceedings so that all the overlapping issues can be considered by the Court appropriately."
On 26 November 2019, my application I. A No. 165983/2019 was allowed and the Supreme Court accepted that it had made a factual error in assuming in it's order dated 14 August 2019 that I had filed a petition before the Delhi High Court. The Supreme Court's order dated 26 November 2019 can be read here.
Therefore the entire basis of the Court's order dated 14 August 2019 disposing of Writ Petition Criminal 1027/2018 is incorrect.
I have therefore moved IA 193628/2019 before the Supreme Court on 16 December 2019 seeking the following relief. This application is pending.
"(i) Delete/ expunge paragraph 32 from the order dated 14 August 2019 as it is admittedly factually incorrect as no petition as stated therein has actually been filed in the Delhi High Court;
(ii) Direct the consequential restoration of Writ Petition Civil 1027/2018 and direct the Supreme Court Registry to list the restored Writ Petition Civil 1027/2018 for hearing;
(iii) Clearly and unambiguously clarify that the Petitioner has the liberty to and is entitled in law to refile before the Supreme Court her writ petition seeking redress of her sexual harassment and sexual assault complaints against Soli J. Sorabjee and Raian N. Karanjawala and expressly clarify that nothing in Order/ Judgment dated 14 August 2019 prevents/ restricts / bars her from doing so;
(iv) Direct that the Supreme Court Registry will not create any unlawful, arbitrary or malafide obstruction/ impediment to the Petitioner refiling her writ petition on her complaints of sexual harassment and sexual assault against Soli Sorabjee and Raian Karanjawala and that the Registry will expeditiously process, register and list for hearing any such refiled petition in accordance with law and in accordance with Supreme Court rules;
(v) To pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case."
Seema Sapra
30 January 2020
