Sexual harassment charges against Justice Swatenter Kumar.

Sexual harassment charges against Justice Swatenter Kumar.

New Delhi:  Union Minister Veerappa Moily today told NDTV that the charges of sexual impropriety against National Green Tribunal Chairman Justice Swatanter Kumar are serious and it is the duty of the judiciary to decide on whether to order an inquiry.

Justice Kumar has been accused by a young woman lawyer of sexually harassing her while she was interning with him in May 2011."Under the provisions of the National Green Tribunal, allegations against Justice Swatanter Kumar can be referred immediately... You know it is a serious charge, no doubt," Mr Moily, who last month took additional charge of the Environment Ministry, said.

The young lawyer, in her complaint to Chief Justice of India P Sathasivam last month, said that she was sexually harassed on three occasions by a sitting judge at his residence. That judge was Justice Swatenter Kumar, Additional Solicitor General Indira Jaising yesterday told NDTV.

In her detailed affidavit to Chief Justice Sathasivam, the lawyer, "On one occasion, the judge placed his hand on my lower back. I felt quite uncomfortable and disturbed... he asked me if I would be comfortable travelling with him during the internship, and staying in hotel rooms... I felt extremely awkward and uncomfortable."

"On 28 May, 2011 he put his right arm around me and kissed me on my left shoulder... On 29 May, I told him I would not be able to continue my internship."

But the top court reportedly told the young lawyer that it couldn't act against the judge, as he had already retired. A similar stance adopted by the Supreme Court panel during the Justice AK Ganguly case had invited much criticism from activists. But unlike in the latest case, Justice Ganguly was not a sitting judge when he allegedly sexual harassed his intern.

"Whether the offence was committed when he was a Supreme Court judge or now should not matter," Mr Moily said.