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Judgement Day: Aug 23, 2013

Well. It is all over. The cat is out of the bag. The J is out.
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Readers kindly apologise me for being repetitive. Below while discussing the judgement (whose link I have given at the bottom) I would also walk you through as to what happened between myself and the complainant, and the partisan role of JNU. I feel, everyone was passing the buck starting from the Dy. Registrar (Admn.) to members of the GSCASH -- Screening Committee, Enquiry Committee, Appeals Committee, Executive Council, VC, Registrar -- everybody. Nobody had the courage to take a stand against this case of blatant injustice being enacted right before their eyes! The DHC has also proved to be an extension counter of the quasi-judicial JNU committees. DHC also has played it safe; because everybody knows the truly affected will definitely try out all that is available to him for obtaining Justice. And that lies with the Supreme Court. Well.

I feel it is an instance of past karma being repaid. However, I have to try even if I may keep losing the battles in between, I MUST WIN THE WAR.  


I, Sri Aiyer Raju Sreenivasan, was compulsorily retired by JNU on the trumped up charge of sexually harassing a woman Professor (WP) through lewd emails beseeching her to render me Axl Rose (an anagram for a basic instinct) on 11 and 12 April 2008 from my Yahoo ID to her Hotmail ID written in transliterated Tamil which she allegedly deleted both from her inbox and trashcan that she could not even enclose their hard copy along with her complaint letter. What led her to make this fictitious complaint was a tongue-lashing I gave her on 10 April 2008 in an evening encounter during our routine walk round the Campus with a “just shut up and mind your own business” as I couldn’t bear no more her inquisitive querying on a personal matter spread over 18 months. Hearing this from a lowly humble but a Professorial Stenographer, her Professor’s ego was immensely bruised so much as to promise me “to teach the lesson of my life” before walking away.

We were friends for nearly 20 years. She was well known to my wife and children. Therefore on reaching home in order to patch up with her with a “I am sorry”, I telephoned her at 7 (10th Apr 2008). She banged the phone down. I followed it up on 12th April at 7.30 with the same result. I made one last attempt to arrive at a rapprochement with her on 15th April 2008 at 10.00 am, in vain. That was the end of the story. I forgot all about it till I was rudely awakened on 29 September 2008 through a communication from the Gender Sensitization Committee Against Sexual Harassment (GSCASH) Cell that a complaint of sexual harassment has been levelled against me by a WP.
 
Her word, even in the absence of a hard copy was accepted as Gospel, and the GSCASH went through the motions of having it screened, enquired into etc [In fact nobody on earth has seen these emails including Their Lordships of the High Court] and pronounced me guilty recommending the imposition of the penalty of “compulsory retirement without financial loss”.  
 
Under the GSCASH rules a defendant can appeal before an Appeals Committee whose recommendations are to be placed before the Executive Council, and only on the recommendation of the Executive Council can the VC authorize taking penal action. Whereas the VC may be all powerful otherwise, in sexual harassment cases, he has to wait for the final outcome before the EC. Although the Honourable High Court unfortunately says that I applied for constitution of an Appeals Committee on 3 August 2010 the truth is there for all to see in black and white [which somehow has escaped Their Exalted Lordships' attention] that I had not once but many times wrote to the VC and Registrar to allow me to appeal before the Appeals Committee preceding the day of execution i.e., 29 July 2910. Allowing the "Appeal" after executing the punishment is like a capital punishment of death by hanging being implemented after which appeal on his behalf is fought before the relevant august bodies. This is one amongst the many farces played by the academic institution called JNU. It has now succeeded in dragging the Honourable temples of justice also into the mud!
 
Tweedledum and tweedledee, the then Vice-Chancellor BB Bhattacharya and Acting Registrar VK Jain, were in a hurry to see me out of the Campus for whatever reason, and had me compulsorily retired on 29 July 2010 without giving me access to the Appeals Committee. I had to file two separate Writs before DHC for giving me access to the Appeals Committee and to have its recommendations placed before the Executive Council. JNU had to yield on the Court’s directives.
 
Therefore my challenging the power of the Registrar to sign my execution order was only to the extent that he jumped the gun without waiting for the due process of Appeal and consideration by EC was over. The Honourable High Court has again erred in its oversight. I am surprised as to why it allowed itself to be misled by the package of lies presented by JNU without going into the truth staring at them on their face from the papers before them. They delivered this judgement after reserving it for 24 days. I wish in the meantime they had gleaned from the papers as to what is the truth and what is not!
 
Returning to the complaint of sexual harassment through emails of 11-12 April 2008 from my Yahoo ID which I denied. It was referred to the Delhi Police Cyber Cell and Yahoo. The Delhi Police Cyber Cell Report (DPCCR) and the Yahoo Report (YR) – one a law enforcing agency and the other an Email Service Provider -- reported as follows: That I had registered my ID on 14 February 2008 and accessed it subsequently on 30 April 2008, 14 and 18 May 2008 IMPLICITLY PROVING that I did not even log into my email account on those two culpable days! How on earth can anyone send an email without logging into an account?
 
It is commonsense that while depending upon circumstantial evidence to determine the guilt of the accused, the moment you are confronted by a direct proof of innocence as provided by the DPCCR and YR, the accusation of sending lewd emails should have been dumped with the contempt it deserves howsoever tempting and attractive the former may appear. To put it in proper perspective it is like Sunny Leone fading out when Sri Devi enters the scene!
 
However, if on the contrary, the officers engaged in providing justice ignore the direct proof of innocence as contained in the DPCCR and the YR, and instead are relying on conjectures and surmises used by JNU to pronounce me guilty, then it is general knowledge as to who attracts more contempt and derision.

This is one case where the innocence of the accused is staring at you on your face, and yet you have the heart to stomp over it? When the accused has proved the first accusation as a lie and concoction, does it not follow from it that the other accusation of stalking is also a deliberate fib? The third accusation of telephone calls at odd hours – does the calls made at 7 pm, 7.30 pm and 10 am in a place like Delhi, you call it untimely? And the sole derisive word of “ennadi” [which anyhow I deny] do you want to take it seriously as an allegation of “sexual harassment” of a Professor?

I leave it to the readers conscience. In the meanwhile I am getting ready for meeting my fate in the Supreme Court of India! I have 90 days time for that. However, I wouldn't wait that long, I would like to get back into JNU and serve it till July 2015 when I should be retiring in normal course after receiving all my back wages for over three years in a lump sum.
 
PS: (1) The judgement by the Single Bench can be obtained here: http://lobis.nic.in/dhc/VJM/judgement/23-03-2013/VJM13032013CW25412011.pdf
 
(2) The judgement by the Higher Bench presided over by the Acting Chief Justice can be obtained here: http://lobis.nic.in/dhc/VIB/judgement/23-08-2013/VIB23082013LPA3302013.pdf



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Comment Speaking on the National Legal Services Day, Hon’bl Chief Justice Mr. P. Sathasivam said “Justice still a cynical phrase for common man”. This was supported by another sitting Judge of the SC, Mr. GS Singhvi who says “Justice still remains an illusion for millions of poor people”. (TOI, 10 Nov 2013) Talks such as this helps many a hopes blossom in the hearts of prospective cynics, such as yours truly, in the judicial system of our country. What is driving me in the direction of cynicism is the two judgements I received from the Hon’ble DHC on 13 March 2013 and 23 August 2013 from the Single Judge Bench and a Double Judge Bench respectively in my case vis-à-vis Jawaharlal Nehru University (JNU) against the punishment of “compulsory retirement without financial loss” based on a trumped up charge of sexually harassing a woman Professor. All the evidence run in my favour proving my innocence. The Delhi Police Cyber Cell Report (DPCCR) and the Yahoo Report (YR) say that my ID was registered on 14 Feb 2008 and that I subsequently accessed my account on 30 April 2008, 14 & 18 May 2008. JNU says I had sent lewd emails to the female Professor requesting her to render Axl Rose (an anagram for a basic instinct) writing in transliterated Tamil on 11 & 12 April 2008. But then the DPCCR & YR implicitly say I had not even logged into my account on those two culpable days, yet, JNU held me guilty of the charge and compulsorily retired me on 10 July 2010! The saddest cut came from the DHC which says that although the DPCCR & YR prove that I had not sent those emails, yet there are other evidences that I had sent them! I leave it to the commonsense of the readers as to how anyone can send emails without logging into an account! DHC seems to have banked upon my allegedly expressing interest in Axl Rose on certain message boards logging in as “anonymous” and yet giving my email ID for further rendezvous! For arguments’ sake accepting that I had written twaddle on those message boards, yet, how on earth does it prove that I had sent those emails on the 11 & 12 April 2008? I feel sorry for DHC for offering itself as a laughing stock before the public at large. I am in the process of filing my Writ before the Hon’bl SC. Although I know that “there is many a slip between the cup and the lip” the talk by Their Exalted Lordships that “Justice still a cynical phrase for common man” gives me hope that I would at last receive a fair deal, and that I may have lost my battles with the: (1) Screening Committee, GSCASH, JNU; (2) GSCASH Enquiry Committee; (3) Appeals Committee; (4) Executive Council, (5) Administration under VC BB Bhattacharya; (6) Administration under VC Sudhir K Sopory; (7) DHC-I & (8) DHC-II who have all pronounced me guilty even without looking at the alleged obscene emails that were never sent and were “deleted” by the complainant both from her inbox and trashcan, I may still win the War against JNU at the precincts of the Hon’bl SC of India!

Sri Aiyer Raju Sreenivasan
16-Nov-2013 09:47 AM






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