High court orders VC and registrar of JU to show cause

June 3, 2010 - ASK Legal Action - no comments

HIGH COURT ORDERS VICE CHANCELLOR AND REGISTRAR IN CHARGE OF JAHANGIRNAGAR UNIVERSITY TO SHOW CAUSE RE CONTEMPT FOR DISCLOSING IDENTITY OF COMPLAINANT

The High Court today directed Prof. Sharif Enamul Kabir and Mr Abu Bakar Siddique to appear in Court on 10 June, and to show cause why proceedings for contempt should not be drawn up against them. The orders were issued in a petition filed by Ain o Salish Kendra, alleging that the University Officials had violated provisions of the Guidelines on Sexual Harassment Guidelines contained in the High Court’s earlier judgment dated 14 May 2008. Clause 8a and 10iii specifically require theUniversity Authority not to disclose the identity of the complainant till the allegation is proven, and the Complaints Committee to keep the identity of the complainant confidential¹.

Background:  Jahangirnagar University is currently conducting an internal inquiry into an allegation of sexual harassment against a university teacher. The inquiry is being conducted by a five person Complaints Committee headed by a senior woman teacher of the University.

During the course of the inquiry, an advertisement was published on behalf of the University, under the signature of the Registrar in Charge, in several national newspapers on 27 April 2010 referring to the inquiry and disclosing the name of the complainant. In a news report broadcast on ATN on 1 May, the Vice Chancellor referred to the complainant and said she had not filed the petition herself but had been made to do so through others.
ASK then sent legal notices to the University, the VC, the Chairperson of the Complaints Committee, and the Registrar in Charge. In their responses the Registrar and the Chairperson of the Complaints Committee commented that the complainant’s name had been earlier disclosed in the media and also by certain teachers of the University. However, they did not given any specific response regarding the specific duty on them not to disclose under Clause 8 or Clause 10iii of the Guidelines.

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¹See High Court Guidelines contained in judgment dated 14.5.2009 in Writ Petition No. 5916 of 2008):

Clause 8(a): It must be ensured that the identity of the complainant and also that of the accused will not be disclosed until the allegation is proved.

Clause 10(iii) The complainant committee will keep the identities of the complainant/s confidential.