Justice Ganguly writes to CJI, says SC panel had no jurisdiction
Madhuparna Das Posted online: Mon Dec 23 2013, 14:33 hrs
Kolkata : In his first response to the sexual harassment allegation case, retired judge and West Bengal Human Rights Commission (WBHRC) chairman Ashok Ganguly on Monday wrote to the Chief Justice of India on the findings of the SC-appointed panel on the issue of the sexual harassment allegation levelled against him by a law intern. WBHRC registrar Rabindranath Samanta said the letter to the CJI has been dispatched.
According to sources, letter says the panel did not have the jurisdiction to bring out these findings as the intern had not lodged an official complaint. Moreover, 12-page letter lists the kind of treatment meted out to him after the findings of the panel came to light.
When contacted, Justice Ganguly said he would not comment on this as he has mentioned everything in the letter.
Significantly, a few days ago, Justice Ganguly started the legal preparation to fight the allegation and collected several legal documents for the same, said a source close to him.
http://www.indianexpress.com/news/justice-ganguly-writes-to-cji-says-sc-panel-had-no-jurisdiction/1210789/
23 Dec. 2013
Justice Ganguly writes to CJI, says his side of story unheard
New Delhi: Retired Supreme Court judge AK Ganguly, accused of sexually harassing a law intern, has written to Chief Justice of India P Sathasivam saying that his side of the story is not being heard. In his letter, he has also protested against the leaked affidavit before the Supreme Court appointed committee which investigated the allegations and called his behaviour "unwelcome" and of a "sexual nature" in the media. "My side of story is not being given a fair hearing," he wrote in a letter to CJI Sathasivam.
Even after protests from the sections of the government and political parties, Justice Ganguly had reiterated his stand that he will not resign as the Chairperson of West Bengal Human Rights Commission.
Justice Ganguly has said that he was denied access to the affidavit containing allegations against him. "I asked for a copy of hearing before the Supreme Court committee but denied on the ground of the confidentiality. In normal law a person whose reputation is at stake should be given the affidavit to respond, I had asked for it but denied," he said.
In his letter, he has also protested against the leaked affidavit before the SC appointed committee, which called his behaviour "unwelcome".
Earlier, Law minister Kapil Sibal has sought Attorney General GE Vahanvati opinion on the legal procedure to remove Justice Ganguly as the chief of WBHRC. Sibal was also in favour of the President stepping in the Justice Ganguly case.
Sibal had earlier said that the government may intervene and take an action in the matter if the former Supreme Court judge does not resign from the post of the Chairman of the WBHRC. Stating the provisions according to law, Sibal said, "There is a procedure where government can step in on proved misbehaviour. If he does not resign, we will take a position on it."
The government stepped in after the complainant alleged that Justice Ganguly propositioned her and asked her to stay in his room. "The judge informed me that it may not be possible to have a separate room arranged for me, and asked me if I would stay in the same room with him," the complainant said in a statement.
She also added that despite her opposition, Justice Ganguly tried to get close to her. "During the dinner, the judge put his hand on my back and thanked me for agreeing to help him. I moved away, clearly indicating to the judge that this physical contact was unwelcome and not proper behaviour on his part. However, the judge did not remove his hand from my back, and then moved forward to embrace me. At this point, the judge approached me and, standing next to me, he put his hand on my head, and said, 'You are very beautiful'.
"I immediately rose from my seat, but before I had a chance to respond to the statement, he caught hold of my arm, saying, 'You know that I'm attracted to you, don't you? You must be thinking, what, this old man is getting drunk and saying such things. But I really like you, I love you'. When I tried to move away, he kissed my arm and repeated that he loved me," she said in the statement.
Earlier, Additional Solicitor General Indira Jaising wrote to Prime Minister Manmohan Singh and sought action against the Ganguly.
http://ibnlive.in.com/news/justice-ganguly-writes-to-cji-says-his-side-of-story-unheard/441187-3-231.html
First Published: 15:47 IST(23/12/2013)
Last Updated: 15:53 IST(23/12/2013)![]()
Print
Last Updated: 15:53 IST(23/12/2013)
PrintJustice (retd) AK Ganguly, accused of sexually harassing a law intern, has told Chief Justice of India P Sathasivam that the charges are not true. In a letter to the CJI, justice Ganguly said, “I wish to make it clear that I never harassed nor did I make any unwelcome advances to any female intern.”
He adds, “I have been distressed by some recent happenings. I am anguished that Supreme Court did not address me correctly.”
In a blog post, the woman — now a lawyer — claimed she was molested in a Delhi hotel by justice Ganguly in December 2012.
Recently, additional solicitor general Indira Jaising put the woman’s affidavit detailing the incident in public domain.
Justice Ganguly is now the chairman of the West Bengal Human Rights Commission. The government is facing intense public pressure to sack him. Justice Ganguly has steadfastly rejected the charges and refused to step down.
On December 20, attorney general GE Vahanvati told the government there was prima facie proof to start the procedure for removal of justice Ganguly from the rights body.
The opinion of the government’s senior-most legal officer paves the way for a presidential reference to Supreme Court. This will request the court to inquire into the sexual harassment charge.
“I have given my opinion to the government that there is prima facie evidence against Justice Ganguly to put in motion his removal procedure,” Vahanvati had told HT.
Under the Protection of Human Rights Act, a human rights commission chairman can be sacked if a Supreme Court inquiry set up at the President’s request makes out a case for “proved misbehaviour or incapacity”.
Ganguly was appointed to the panel for five years in April 2012.
He adds, “I have been distressed by some recent happenings. I am anguished that Supreme Court did not address me correctly.”
In a blog post, the woman — now a lawyer — claimed she was molested in a Delhi hotel by justice Ganguly in December 2012.
Recently, additional solicitor general Indira Jaising put the woman’s affidavit detailing the incident in public domain.
Justice Ganguly is now the chairman of the West Bengal Human Rights Commission. The government is facing intense public pressure to sack him. Justice Ganguly has steadfastly rejected the charges and refused to step down.
On December 20, attorney general GE Vahanvati told the government there was prima facie proof to start the procedure for removal of justice Ganguly from the rights body.
The opinion of the government’s senior-most legal officer paves the way for a presidential reference to Supreme Court. This will request the court to inquire into the sexual harassment charge.
“I have given my opinion to the government that there is prima facie evidence against Justice Ganguly to put in motion his removal procedure,” Vahanvati had told HT.
Under the Protection of Human Rights Act, a human rights commission chairman can be sacked if a Supreme Court inquiry set up at the President’s request makes out a case for “proved misbehaviour or incapacity”.
Ganguly was appointed to the panel for five years in April 2012.
http://www.hindustantimes.com/StoryPage/Print/1165608.aspx?s=p
Ganguly Complains to CJI, Says Not Addressed Correctly by SC
- Published Date: Dec 23, 2013 4:05 PM
- Last Updated: Dec 23, 2013 4:05 PM
Denying that he had ever harassed or made any unwelcome advance to any intern, former Supreme Court judge A K Ganguly today complained to Chief Justice of India P Sathasivam saying he was not addressed correctly by the apex court.
"I have been distressed by some recent happenings. I am anguished that the Supreme Court under your Lordship did not address me correctly," Justice Ganguly said in an eight-page-long letter to the CJI, which he said was also being forwarded to President Pranab Mukherjee.
Stating that after deep consideration of all that was going on in the media with reference to some allegations of an intern against him, Ganguly said he was constrained to break his silence.
"First of all, I wish to make it clear that I never harassed nor did I make any unwelcome advances to any female intern. The very suggestion of it, to say the least, is out of tune with my personal conduct," said Justice Ganguly, who is the Chairman of the West Bengal Human Rights Commission.
"I have made helpful contributions to many interns both male and female. To this date, I am treated with unbound respect and regards by them," he wrote in the letter.
"I have been distressed by some recent happenings. I am anguished that the Supreme Court under your Lordship did not address me correctly," Justice Ganguly said in an eight-page-long letter to the CJI, which he said was also being forwarded to President Pranab Mukherjee.
Stating that after deep consideration of all that was going on in the media with reference to some allegations of an intern against him, Ganguly said he was constrained to break his silence.
"First of all, I wish to make it clear that I never harassed nor did I make any unwelcome advances to any female intern. The very suggestion of it, to say the least, is out of tune with my personal conduct," said Justice Ganguly, who is the Chairman of the West Bengal Human Rights Commission.
"I have made helpful contributions to many interns both male and female. To this date, I am treated with unbound respect and regards by them," he wrote in the letter.
Published: December 23, 2013 16:15 IST | Updated: December 23, 2013 16:15 IST
Ganguly writes to CJI, says due process of law denied to him
The HinduFormer Supreme Court judge A.K. Ganguly on Monday complained to Chief Justice of India P. Sathasivam saying he was not addressed correctly by the apex court. File photo
Justice (retired) Asok Kumar Ganguly has written to the Supreme Court saying that the due process of law was denied to him while dealing with the complaint of sexual harassment against him . He also said that his moral strength is undiminished.
"No complaint was ever made before the Supreme Court or before your lordships in any form by the intern by any time prior to the formation of the judges committee and presumably on a direction by the Committee she gave her statement," he said in the letter.
Expressing his pain over the unfolding of events Justice Ganguly said that he was " treated almost like a person in captivity" during the proceedings of the hearing.
" I was told that the intern had made a statement with certain annexures. I politely asked the committee to give me a copy. I was shattered to be told curtly that I will not be given a copy as it was confidential and that I must make the statement immediately," Justice Ganguly's letter said.
http://www.thehindu.com/news/national/ganguly-writes-to-cji-says-due-process-of-law-denied-to-him/article5493422.ece?homepage=true
Updated;
Published: December 23, 2013 16:15 IST | Updated: December 23, 2013 16:35 IST
Ganguly writes to CJI, says due process of law denied to him
The HinduFormer Supreme Court judge A.K. Ganguly on Monday complained to Chief Justice of India P. Sathasivam saying he was not addressed correctly by the apex court. File photo
Justice (retired) Asok Kumar Ganguly has written to the Supreme Court saying that the due process of law was denied to him while dealing with the complaint of sexual harassment against him . He also said that his moral strength is undiminished.
"No complaint was ever made before the Supreme Court or before your lordships in any form by the intern by any time prior to the formation of the judges committee and presumably on a direction by the Committee she gave her statement," he said in the letter.
Expressing his pain over the unfolding of events Justice Ganguly said that he was " treated almost like a person in captivity" during the proceedings of the hearing.
" I was told that the intern had made a statement with certain annexures. I politely asked the committee to give me a copy. I was shattered to be told curtly that I will not be given a copy as it was confidential and that I must make the statement immediately," Justice Ganguly's letter said.
PTI adds
“First of all, I wish to make it clear that I never harassed nor did I make any unwelcome advances to any female intern. The very suggestion of it, to say the least, is out of tune with my personal conduct,” said Justice Ganguly, who is the Chairman of the West Bengal Human Rights Commission.
“I have made helpful contributions to many interns both male and female. To this date, I am treated with unbound respect and regards by them,” he wrote in the letter.
In his letter, Justice Ganguly alleged “There is a concerted move to tarnish my image as I had the unfortunate duty of rendering certain judgments against powerful interests.”
He said: “I see in the whole game a palpable design to malign me at the instance of interested quarters.”
Raising questions about the three-judge committee of the Supreme Court constituted to probe the allegations, he argued that since the girl intern was not on the rolls of the Supreme Court and he was a retired judge, the committee was “not required to be constituted“.
“No complaint was ever made before Supreme Court or before your Lordship in any form by the intern at any time prior to the formation of the judges’ committee and presumably at the direction of the committee she gave her statement,” he said.
Justice Ganguly said a newspaper report dated December 12 without any verification could certainly not have been the basis of a petition by the Attorney General on which the Chief Justice was reported to have acted.
“Thus the stated reason that the committee was set up to find out whether the judge was a sitting judge cannot be accepted because the blog expressly disclosed retired judge,” he said.
Complaining against the conduct of the officials of the court, he said as soon as he entered he was surrounded by a posse of officers which was unbecoming of the institution.
“I was treated as a person in captivity,” he rued.
http://www.thehindu.com/news/national/ganguly-writes-to-cji-says-due-process-of-law-denied-to-him/article5493422.ece?homepage=true
Published: December 22, 2013 00:58 IST | Updated: December 22, 2013 00:58 IST
Swamy backs A.K. Ganguly
Rules pertaining to human rights panels do not provide for his removal unless he is convicted of such a crime
Lending support to the retired Supreme Court judge, A.K. Ganguly, accused by a law intern of sexual harassment, BJP leader Subramanian Swamy said on Saturday that the rules pertaining to human rights commissions “do not provide for his removal unless he is convicted of such a crime.”
Dr. Swamy’s comments are significant, as some BJP leaders have demanded Justice Ganguly’s resignation as chairperson of the West Bengal Human Rights Commission after a Supreme Court committee held that allegations by the intern prima facie disclosed an act of unwelcome behaviour on his part.
“We so far have access to only the girl’s version of the events, and this has to be verified by a full investigation. It requires a First Information Report to be registered by the police, and she be questioned,” he told journalists here.
“But she has avoided having anything to do with the police, which makes it very curious,” he said.
Meanwhile, Trinamool Congress MP Saugata Roy has regretted Justice Ganguly’s decision not to resign and has hoped that action will be taken against him. “He should have stepped down much earlier; it is regrettable that he has refused to pay heed to the public demand. But now that the Attorney-General has given his opinion to the President, we are hoping that action will be taken against him soon,” he said.
http://www.thehindu.com/news/national/swamy-backs-ak-ganguly/article5487617.ece?css=print