New Delhi [India], October 4 (ANI): Stating that the environmentalist RK Pachauri's death certificate has not been placed on record nor the factum of death verified, woman, who has levelled allegations against Pachauri, has sought to dismiss the plea filed by environmentalist's legal heir before a Delhi Court.
The woman, who filed a complaint of sexual harassment against Pachauri, has filed a reply opposing an application preferred by the family of the environmentalist seeking the legal heirs to be allowed to continue with Pachauri's application challenging the ICC report.
The woman has filed her response through advocates Prashant Mendiratta and Poonam Mendiratta.
In the affidavit, the woman said, "That the application is liable to be dismissed as neither the Death Certificate has been placed on record nor is there factum of death verified.
Hence on this ground also, the application is liable to be dismissed."
"That no cause of action survives in favour of the alleged legal heirs and the appeal is abated as the appellant has expired. Even the criminal trial which was pending will not be able to proceed any further as the appellant who is accused in the said criminal case has expired, " the woman said in her reply.
A judge in Rouse Avenue Court, who was hearing the matter on Saturday, has adjourned it for further hearing on October 29.
Rajendra Kumar Pachauri, as an appellant, had preferred an appeal under Section 18 of the Sexual Harassment Act, 2013 challenging the Internal Complaints Committee Report (ICC Report) dated May 19 2015. Pachauri died on February 8.
Thereafter, Pachauri's widow and children had filed an application seeking to implead them as legal heirs of the deceased in the matter and continue hearing his appeal against the ICC report.
"It is submitted that the impugned report is stigmatic and affects the entire family of the Appellant. Therefore, the widow and remaining LR's of the Appellant seek to continue the adjudication of the present appeal. The right to sue survives in favour of the above legal heirs," said the application filed by Pachauri's family through advocate Ashish Dixit.
Opposing Pachauri's plea, the woman complainant said that she had lost critical years of her career and has faced immense trauma, harassment and clearly highlighted how the appellant had never raised the issue of reputation being harmed during his lifetime. "Since no case for defamation was filed by the appellant during his lifetime, there is no question of the ground of alleged stigma to the reputation being taken up in the present proceedings which is solely
and truly emanating from the report of ICC of an organisation called TERI, " the woman said.
Pachauri was accused of allegedly sexually harassing a female colleague in 2015. (ANI)