Pachauri moves Delhi HC seeking permission to travel abroad

Days after a court refused to hear his plea, TERI Director General R K Pachauri, who is facing sexual harassment allegations from a woman employee, today moved Delhi High Court seeking permission to travel abroad for next week’s Global Water Summit in Greece.

Justice Sunil Gaur sought responses from the complainant and the Investigating Officer (IO) of the case.

“Issue notice to the complainant and the IO of the case. Further IO is directed to file status report of the case by tomorrow,” the bench said.

Senior advocate Dayan Krishnan appearing for Pachauri sought permission from the court saying that his client is a nobel laureate and an expert in environment protection and has to deliver a key note address at the Summit on April 27-28 at Athens in Greece.

Pachauri in his plea had sought permission to travel abroad from April 26 to April 29.

He said that Sessions Court had directed his client to approach Mahila Court for seeking permission to travel abroad but due to the lawyers two days strike in lower courts, the matter could not be taken up today and even tomorrow.

The bench then asked the IO about the status of the investigation in the case.

Additional standing counsel Sanjeev Bhandari said that the accused has been granted anticipatory bail in the case and Mahila court judge today asked the accused to file his written submissions.

Bhandari opposed Pachauri’s contention and said that he is “misleading” the court and has not brought the fact that the matter was heard today in the lower court.

“Its not the case that he has not been heard. Moreover, permission is being sought from the competent authority for challenging the anticipatory bail granted to the accused” he said.

Prashant Mendirata, appearing for the complainant, said he has not been served the paperbook and prayed for posting the matter for tomorrow to argue in the case.

“I do not have the paperbook but as per the records submitted before the sessions court, it can be said that accused has violated the anticipatory bail conditions imposed on him by getting in touch with the TERI staffs,” Mendirata said.

The bench, however, agreed to hear the matter tomorrow and asked the respondents to come prepared for the arguments.

Earlier, during the day, the petition of Pachauri was mentioned before the bench of justices B D Ahmed and Sanjeev Sachdeva by Krishnan.

He said that due to the lawyers strike, the matter could not be heard by the Mahila Court and by the time the matter is taken up, it would lead to irreparable loss to his client.

The bench then listed the matter for hearing today itself.

In related development, Metropolitan Magistrate Shivani Chauhan adjourned the plea of Pachauri for tomorrow asking the IO and the complainant to file written submission.

IO in her reply opposed the plea of Pachauri saying if he is allowed to go abroad, then he will not return back.

On April 20, Sessions Court had refused to hear the plea of Pachauri, to travel abroad after the complainant questioned the maintainability of his plea.

The court, however, had granted liberty to Pachauri to withdraw his plea and move a fresh application before the metropolitan magistrate having territorial jurisdiction of the case.

In his plea moved before the Sessions Court, Pachauri had said he has to participate in the summit as he has given the confirmation and if he was unable to attend it, there would be irreparable loss to his reputation.

Pachauri had proceeded on leave from The Energy Research Institute (TERI) after sexual harassment charges were levelled against him by a woman employee.

He had stepped down from United Nation’s Inter-governmental Panel on Climate Change (IPCC) and Prime Minister’s Council on Climate Change.

On March 21, Pachauri was granted anticipatory bail by the court which had rejected the request of police for his custody.

The court had granted him anticipatory bail by imposing several conditions on him including that he will join the probe as and when called, he will not enter TERI office premises and not intimidate or threaten the complainant and the witnesses of the case.

On February 13, an FIR was registered against Pachauri on charges of sexual harassment under IPC sections 354, 354(a), 354(d) (molestation) and 506 (criminal intimidation).