Calcutta High Court Rebukes Lawyer for Premature PIL Alleging Non-Compliance with POSH Act in Judiciary
The Calcutta High Court reprimanded an advocate on Monday for filing a premature Public Interest Litigation (PIL) that alleged non-compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) within both the High Court and the lower judiciary. Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya of a Division Bench cautioned lawyers against attempting to "shame the institution" through such petitions.
Chief Justice Sivagnanam emphasized, "Shaming the institution ultimately reflects on oneself. Is there an external force behind this PIL? Are you acting as a mere mouthpiece? Sensitivity is crucial here; this is a delicate matter."
The Bench expressed annoyance at the advocate's assertion that there was no 'formal' court order detailing the formation of an Internal Complaints Committee (ICC) for the State's judiciary. Correcting the terminology, Chief Justice Sivagnanam clarified that the accurate phrasing should be 'not traceable,' not 'not available.' He affirmed the ICC's active functioning, including Saturdays.
The Chief Justice also criticized lawyers for their inadequate record management practices, remarking on the chaotic state of case papers strewn throughout corridors. "Advocates need to demonstrate responsibility. Corridors should not be littered with case papers hindering movement. There's a proper way to function," the Bench remarked.
The petitioner had cited 'confusing data' received in response to a Right to Information (RTI) application regarding the constitution of ICCs in the State judiciary. The Court advised the petitioner to address any dissatisfaction with the Public Information Officer's (PIO) RTI response through proper channels rather than resorting to a PIL. The Court stressed that the premature nature of the PIL warranted its dismissal with costs.
In response, the petitioner's counsel tendered an apology and requested permission to withdraw the PIL. Granting the request, the Bench allowed the withdrawal.
TAGS: Calcutta High Court advocate premature PIL Sexual Harassment of Women at Workplace Act non-compliance judiciary Chief Justice Division Bench sensitivity Internal Complaints Committee record management RTI Public Interest Litigation withdrawal.
