Articles on panel findings in Rajendra Pachauri case not a violation: Delhi High Court

NEW DELHI: The Delhi High Court has declined to pass any order on a plea by Rajendra Pachauri challenging the publication of the outcome of a probe carried out by the Internal Complaints Committee (ICC) of Teri. Prima facie, the plea did not appear to find favour with the court.

On May 23, ET had reported that the ICC’s findings had vindicated the research analyst who had leveled charges of sexual harassment against Pachauri. The scientist has been indicted by the ICC which has recommended action against him. Hearing the case, a division bench headed by Justice Badar Durrez Ahmed observed: “Prime facie, we are not inclined to pass any further orders. This is a first of its kind case”.

The bench was referring to the interpretation of Section 16 of the Sexual Harassment Act, which according to Pachauri, prohibits the publication of the outcome of the ICC’s proceedings by the media till the employer acts on the report. The bench remarked that such a case — concerning interpretation of Section 16 with regard to a ban on its publication — will be decided for the first time.

On May 12, the bench had ordered that reporting on proceedings of ICC should be in conformity with Section 16, which prohibits divulging identity, address or any details of the victim or witnesses in the ongoing internal inquiry.

Referring to the ET report published on May 23, Pachauri’s counsel argued that by reporting on conclusions of the ICC report, contempt of court has been committed and Section 16 has been violated. It was argued that the respondent — Bennet and Coleman, the publishers of this paper — had been restrained from carrying the report as per the May 12 order.

Clarifying the matter, the bench responded: “We only said comply with Section 16. Your prayer was much more (on May 12). Your prayer was for a gag order. We just reiterated the statute.”

The bench then questioned Pachauri’s counsel: “According to you, the report (ICC) can never be reported?” The bench added, “when a person (victim) has got a finding in her favour that she has been harassed, justice is secured.” Appearing on behalf of the publication, Advocate Krishnendu Datta contended that the ICC report is part of the securing justice for the complainant.