Finding of SC committee can neither be used against Judge nor against intern. There is no "Proved Misbehaviour" to remove judge.
It is good if the judge feels like giving resignation. But if he is feeling entrapped or victimised, he may not like to resign.
In that case, there is no material on basis of which President can remove him on ground of "Proved Misbehaviour".
The Committee set up by Supreme Court has power to recommend actions only against sitting judges. It had no power to inquire against a retired judge.
Here, the Committee had no power to summon a retired Judge to appear before him. It had no power to record statement of a retired judge.
Once he is retired, he is an individual like rest of us.
Here, he might have appeared before judges so as to clear his side of case and to avoid being judged exparte.
But in my view these statements of the Judge and the intern are given under trust. These statements cannot be used against the judge or against the intern.
Chief Justice has rightly closed report without any further action.
If this was an inquiry committee set up under some law, then it could have legal consequences.
But there is no law which authorises Supreme Court to set up a committee on administrative side, against a retired judge, either of Supreme Court or of any high court.
The words "Proved Misbehaviour" has different meaning under different laws. But basically, it refers to conduct which warrants civil death of a person holding a high office. The conduct must have been documented on legally admissible evidence. The accused must have been given opportunity to cross examine the complainant.
Here, there is no such things.
