BCCI forms three-member independent committee to look into sexual harassment allegations against Rahul Johri

The Supreme Court appointed Committee of Administrators (CoA) has formed a three-member independent committee to look into the sexual harassment allegations brought against the Board Of Control For Cricket In India (BCCI) CEO Rahul Johri.

The committee will comprise of Justice Rakesh Sharma (former Judge, Allahabad High Court),Smt. Barkha Singh (former Chairperson, Delhi Commission for Women); and Shri P. C. Sharma, IPS (Retd.) (former Director, CBI) with Justice Sharma acting as the Chairman of the committee.

In a media release, CoA chairman Vinod Raid said - “There were reports in the media concerning allegations of sexual harassment made against Mr. Rahul Johri, the CEO of BCC, by an anonymous person. Taking cognizance of the media reports the Committee of Administrators sought an explanation from Mr. Johri with regard to the said allegations. He was granted a week to respond. Mr. Johri submitted his explanation on 20th October 2018 denying that the incident referred to in the allegations ever took place.”

“The Hon’ble Supreme Court Appointed Committee of Administrators (“COA”) met on 20th and 22nd October 2018 to consider the matter. The Chairman of the COA felt that in order to follow due process of law and principles of natural justice, an independent committee comprising of distinguished persons who are knowledgeable in this field should conduct a fair and transparent inquiry on an arm’s length basis and submit a report containing its findings and recommendation on the way forward. The independent committee could take into account and/or probe all allegations of sexual harassment against Mr. Johri while he was employed with the BCCI.”

READ: #MeToo: BCCI state bodies question CoA’s silence in sexual harassment probe against CEO Rahul Johri

There was some disagreement between the members of the CoA regarding the matter, but Rai clarified that they are now on the same page after Diana Edulji sought advice from Learned Amicus Curiae Shri Gopal Subramanium .

“However, the other member of the COA, Ms. Diana Edulji, expressed her view that since the CEO has such grave sexual harassment allegations against him, it would not be in the interests of BCCI and Indian cricket that he represents BCCI. In view of this she suggested that he resigns or his contract be terminated. The Chairman of the COA did not agree and felt that an independent inquiry was necessary as the tweet was anonymous. It also pertained to a period much before the CEO joined BCCI and it was necessary to provide natural justice to the CEO by following a due process of law. The Chairman was very clear that in similar instances, the person against whom allegations had been made, were permitted to represent their case before an independent committee which would then take a considered view after weighing all evidence. Ms. Edulji felt that neither is such an inquiry called for nor is it appropriate. She was of the view that considering the details and nature of the allegation, there were sufficient grounds for his removal. Ms Edulji informed the Chairman she would approach Learned Amicus Curiae Shri Gopal Subramanium for further guidance, if no action is taken and the CEO is allowed to continue,”

“After taking legal advice as well as soliciting view-points from other relevant quarters, the proposed members of independent committee were contacted for their consent. All three proposed members have now given their consent to be part of the independent committee. In the above circumstances, in order to enable a transparent and objective enquiry an independent committee comprising of the following distinguished persons is being constituted to inquire into the allegations against Mr. Johri,” the statement added.

BCCI CEO Rahul Johri was named in a Twitter post by author Harnidh Kaur, who shared screenshots of a detailed account of the victim on her Twitter handle. As per the screenshots shared by the author, Johri has been accused of taking advantage of the victim by offering a job opportunity.

READ: Rahul Johri Probe: BCCI CoA in a ‘legal’ fix due to absence of face behind accusation

Vinod Rai asked the committee to take all the facts into account and to report their findings within 15 days.

“The independent committee may take into account and/or probe all allegations of sexual harassment against Mr. Johri while he was employed with the BCCI. All facts and aforesaid alleged transgressions, may be placed before the committee. The committee will be free to seek any record or evidence that it desires. Any person desiring to place any fact before the committee is also free to do so,”

“The said independent committee is being requested to submit its report containing its findings and recommendations within 15 days. Mr. Johri will continue to remain on leave until the above independent committee submits its report and the same is acted upon,” the statement read.

Earlier, Hindustan Times had reported that seven state bodies — Tamil Nadu Cricket Association, Gujarat Cricket Association, Saurashtra Cricket Association, Goa Cricket Association, Haryana Cricket Association, Madhya Pradesh Cricket Association and the Karnataka State Cricket Association — had so far written to the CoA, seeking an answer on how exactly the matter is being investigated and why Johri wasn’t suspended pending enquiry.