Deliberation without reasoning, is detrimental to dharma. NUJS has acted in emotion, not based on reason.

Justice Ganguly arriving at the WBHRC in Calcutta, December 18

WEST BENGAL: JUSTICE GANGULY

The knives out to carve Justice Ganguly are meeting resistance and argument

The interview was not to be. “Justice Ganguly is usually extremely punctual...,” a senior colleague of A.K. Ganguly, the chairman of the West Bengal Human Rights Commission, tells us. We are at WBHRC’s Calcutta Office. It’s 1:30 pm. We had an appointment with Justice Ganguly at 11:30 am. “His life has changed after the allegations were made.... Every day he has to wade through hundreds of protestors demanding his resignation as he enters office. The media is hounding him. Today a group of women was brandishing shoes, brooms and shouting slogans.... And press photographers were there, ready to capture his exasperated expression. We dissuaded him from coming in. He feels extremely heckled.”
Indeed, Justice Ganguly has been in the eye of a storm ever since his name was made public as the retired Supreme Court Judge who a law intern accused anonymously in an online blog of sexually harassing her in a hotel room in New Delhi on the night of December 24, 2012. Since then, angry voices demanding punishment for him and justice for the victim have been pouring forth. And politicians, the press, the general public and legal professionals such as additional solicitor general Indira Jaising have all spoken out. When we spoke to Justice Ganguly on his mobile, he was still at his home. “I cannot meet you today,” he said. He sounded exhausted.
In Calcutta, among those to most vociferously bay for his blood is the ruling party, Trinamool Congress. From CM Mamata Banerjee, who wrote to the president demanding that action be initiated to sack him as WBHRC chairman, to TMC MPs Derek O’Brien and Kalyan Bandyopadhyay. Speaking to Outlook, Bandyopadhyay, himself an advocate, said, “It is a matter of shame that the head of a body like the WBHRC stands accused in such a heinous crime. This is why we are demanding that he immediately step down.” In an open letter addressed to Justice Ganguly, TMC general secretary Mahua Moitro urged him thus: “For the last time, Sir, resign!”


	Many voices have been demanding punishment for Justice Ganguly. Leading the charge is the Trinamool.

But then, the brickbats tell only one side of the story. In recent weeks, many voices of support for him too have emerged. Among them are members of the CPI(M), who see in the TMC demand for Justice Ganguly’s resignation “a political expediency”. While careful not to dismiss the allegations by the law intern, the CPI(M)’s Mohammed Selim told Outlook that the TMC may be targeting Ganguly, as the WBHRC under him urged the state government to compensate victims of alleged human rights violations (see In A Negative Frame,Outlook, Dec 16). Furthermore, on December 18, even as the protests raged against Justice Ganguly throughout the city, Calcutta High Court lawyers took out a rally in support of the besieged former SC justice. The reasons for extending their support were varied.
Lawyer and former Calcutta mayor Bikash Ranjan Bhattacharya said, “If people in high offices are forced to resign at every complaint made against them, who will work? It will set a bad precedence if Justice Ganguly is coerced to resign by such character assassination.” While it could be debated why persons in high office should not be made to step down if they stand accused of committing a crime such as sexual assault, legal experts argue that such resignations were dependant on various factors. (See box). Most ‘supporters’ of Justice Ganguly claim that they are not dismissing the allegations, but merely demanding that he be judged according to the laws of the land. “My position is very clear,” said former speaker Somnath Chatterjee. “I am not for once saying that the allegations against him are false. What I am saying is that we don’t know what exactly has happened until he has been tried in a court of law.... Until he is proven guilty, he is innocent.... Only the conviction of a court of law can remove him,” Chatterjee explained.
There have also been protests in Calcutta demanding the resignation of the VC of Visva Bharati University, Sushanta Dutta Gupta, after a recent RTI report revealed that he was appointed even after being accused in 2005 of sexual harassment by a woman colleague when he was director of Satyendra Nath Bose National Centre for Basic Sciences.

1/D-101 DEC 21, 2013 01:54 PM	Selective Hyperreporting, by the Antimale Media, with the Intent to Negatively stereotype males in General ( S.H.A.M.I.N.G ) MISOGYNIST CHENNAI, INDIA PERMALINK \| LIKE (6) \| DISLIKE (3) \| REPORT ABUSE
2/D-230 DEC 21, 2013 08:00 PM	“Turning of the Weaker Sex into Freaker Sex, no wonder would send the expecting couples for Sex-Determination for Girl Child.” RAJNEESH BATRA NEW DELHI, INDIA PERMALINK \| LIKE (2) \| DISLIKE (3) \| REPORT ABUSE
3/D-4 DEC 26, 2013 01:27 AM	Now Ganguly is talking in legal terms , since he cant refuse the allegations made against him . This is what people with power do when complaints filed against them. SC which condemns and questions every one strongly had washed off their hands by simply saying "He is not an SC employee ". If SC comittee feels that they have evidence , they should have filed complaint against him . My Company guidelines states that "if any harassment takes place against a worker by another colleague whether it is inside premises or outside while doing work , it will be considered as harassment @ work place and necessary action will be taken KAILASH CHENNAI, INDIA PERMALINK \| LIKE (0) \| DISLIKE (2) \| REPORT ABUSE http://www.outlookindia.com/article.aspx?288927

MAGAZINE | DEC 30, 2013

INTERVIEW

‘SC Panel’s Finding Can’t Be Treated As A Conviction’

Former Lok Sabha Speaker lashed out at those demanding Justice Ganguly’s resignation

OUTLOOK

Former Lok Sabha Speaker Somnath Chatterjee, in an interview to Outlook, lashed out at those demanding Justice Ganguly’s resignation as Chairman of the West Bengal Human Rights Commission.
You are among those to have stood by Justice A.K. Ganguly and his decision not to step down as chairman of WBHRC.
Why should he step down? There is a legal procedure which has to be followed if the chairman of the Human Rights Commission has to be removed or made to resign. Section 23 of the Protection of Human Rights Act, 1992 makes it mandatory for any demand for the removal of the concerned person be supported by evidence that he has either been convicted or received punishment in a criminal case before he can be removed or be made to resign. As far as Justice Ganguly’s case is concerned, he has not even been tried in a court of law. There is not even an investigation into his case by a legitimate legal authority.
But a three-member panel comprising two Supreme Court chief justices have established prima facie that “an act of unwelcome verbal/non-verbal conduct of a sexual nature had been committed” by Justice A.K. Ganguly.
With all due respect, I am not sure how the so-called findings of a panel can be treated as a conviction of a person’s guilty. The panel has merely made an observation based on its members’ interaction or interrogation of the two parties concerned. However, this cannot take the place of an actual trial by a court of law. This matter is being dealt with in the most absurd manner. The man is being pronounced guilty by a public trial.
But legal authorities too have made demands for his removal.
Yes, that is precisely what is more shocking. It’s not even just the public or the media. But experts in the field of law too are lending their voice to this disturbing new trend of popular trial. They should know better.
Lawyers? Such as additional solicitor general Indira Jaising, for instance?
I will not name anyone but yes, some very prominent legal authorities, well-versed in the laws of the land.
But when a person in a position of power is accused of a crime such as sexual harassment, is it not the expected norm for him to step down?
There is a difference between, say, people in positions of power who can influence investigation and those who cannot. That is the principle behind this practice. But what power does the chairman of a human rights commission have to influence investigation? None at all. He neither controls the police nor the courts nor any other investigating body.
What about arrests? Tarun Tejpal has been taken to jail after allegations of sexual harassment were made against him.
There is a huge difference between the two cases. Tarun Tejpal had admitted to (a sexual liaison) whether by consent or otherwise, but Justice Ganguly has categorically denied any overture or misconduct on his part. In the earlier case, a police case had been filed. In this case, not even an FIR has been registered.

1/D-130

DEC 21, 2013

03:00 PM

There is a concept known as "moral certainty" where the probability of an occurence having taken place is so high that action can be taken without there being absolute proof. Justice AK Ganguly as Chairman of a body concerned with human rights violations which includes cases of sexual misconduct against women should treat the Supreme Court panel's finding that there is a prima facie case against him as being one based on moral certainty and step down on his own from the WBHRC.

RAMESH RAMACHANDRA

BANGALORE, INDIA

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2/D-131

DEC 21, 2013

03:03 PM

"an act of unwelcome verbal/non-verbal conduct of a sexual nature "

...CANNOT remain the prerogative of vengeful feminists to decide on what constitutes 'unwelcome'.

Laws to severely punish females who make false 'accusations' must be passed. Punishment should include social rehabilitation, to sensitise them to male needs too.

MISOGYNIST

CHENNAI, INDIA

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3/D-65

DEC 25, 2013

05:11 PM

Somnath's lending shoulders to Ganguly, who is facing the allegations of sexual advancement is shocking. We do not know why should the former speaker, also a reputed lawyer, view the prima face findings of the panel of SC as not worth a hoot. He also defends the defiance of Ganguly to step down as the former believes that HRC chairman may not influence the legal proceedings, thus throwing into winds the tenets of morality. ow could a legal luminary, irrespective of the high his office he holds, defy to submit the cherished conventions? The inevitable scepticism one is tempted to attach the lenience behind such provincial affinity is unhealthy. Should we pity about the once renowned legal acumen of Somnath, which retrieved the benefits to LIC employees' impounded during emergency? Had the tenure of the office of Speaker held twice, (of course, the later one defying the decisions of CPM) transformed him to the present state?

C.CHANDRASEKARAN

MADURAI, INDIA

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4/D-8

DEC 26, 2013

02:04 AM

I have lost my hope on you sir

KAILASH

CHENNAI, INDIA

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http://www.outlookindia.com/article.aspx?288928

NUJS has decided to disassociate itself from Ganguly till he is exonerated of all charges

Pursuant to the demand made by the faculties of West Bengal National University of Juridical Sciences [NUJS] the Vice-Chancellor P Iswara Bhat has assured them that the University has dissociated itself from Justice (retd) A.K. Ganguly, who was a honorary Professor at NUJS

“… the University has already dissociated from him (Justice Ganguly) . He will be distanced from the NUJS in whatever activities in future until the EC (Executive Council) decides the issue finally,” he told

He assured the faculties that an “official communication will also be issued from the side of the NUJS to this effect at the earliest.”

“I want to make it categorical that NUJS has zero tolerance for sexual harassment and its politicisation. We are committed to uphold the value of women’s dignity. We disapprove politicisation and trivialisation”. He told

Earlier Twelve Professors of West Bengal National University of Juridical Sciences [NUJS] today issued a statement demanding an immediate action against Justice Ganguly, who is alleged to have sexually assaulted a former student of the University, while she was doing her internship with him.

The full text of the statement as published in the NUJS blog is here

STATEMENT OF NUJS FACULTY MEMBERS

On the 6th of November, 2013, Ms. Stella James, one of our former students wrote a blog post highlighting the conflicting range of emotions that she underwent in the aftermath of sexual harassment at the hands of a retired judge of the Supreme Court of India. Subsequent to this, the Chief Justice of India constituted a Committee (SCC) to look into the charges leveled by her. SCC found that Stella’s statements “prima facie discloses an act of unwelcome behaviour (unwelcome verbal/non-verbal conduct of sexual nature)”. After this, key portions from Stella’s affidavit outlining the horrific incident was disclosed to a newspaper by a high ranking law officer of the country. Further, press reports indicate that the Attorney General of India has opined to the Union Home Ministry that “[…] [it] is a fit case for action and there is enough evidence to proceed against the former Supreme Court judge”.

Considering the nature of allegations, and noting that Stella was a student, and the former judge was an honorary professor of NUJS at the time of incident, we feel that the latter’s continued association with our institution undermines the ideals of NUJS, an institution that has always strived to teach and foster justice, including gender justice. We believe that the position of a Professor is that of trust, and requires that such person be above reproach, especially above allegations of misbehaviour with students, particularly when such allegations have been found to have prima facie merit by a high level committee. Given that the former judge continues to remain an honorary professor at NUJS, we request the NUJS administration to take immediate steps to see to it that necessary action is initiated against the former judge.

We acknowledge the position taken by the Vice Chancellor, as reported in the media, about placing the matter of institution’s continued association with the former judge in the next Executive Council meeting. However in light of the findings of SCC and Supreme Court’s direction in Vishaka requiring the employer to take steps affirmatively, we call upon the NUJS administration including the Executive Council, the body responsible for appointments, to appropriately address this matter with utmost urgency. Till he is exonerated from all the charges leveled by Stella, the University should, at the very least, dissociate itself from him. We must clarify here that we respect the right of the former judge and all other parties to pursue appropriate legal remedies and defend themselves as per due process of law.

We also note with concern the unwarranted statements from several quarters attributing political motives to Stella’s blog posts and deposition. We are particularly appalled at the insinuation by the retired judge that Stella is a political pawn and strongly condemn this character assassination. We also condemn all other statements that attempt to politicize the issue. Such statements are deeply disrespectful to Stella and trivialize her experience. These insinuations are also symptomatic of the manner in which issues of gender and power are turned into partisan political contests and we call upon all to resist such attempts.

1. Shamnad Basheer, MHRD Chaired Professor of IP Law, NUJS

2. Saurabh Bhattacharjee, Assistant Professor, NUJS

3. Anirban Chakraborty, Assistant Professor, NUJS [On Leave]

4. Lovely Dasgupta, Assistant Professor, NUJS

5. Ruchira Goswami, Assistant Professor, NUJS

6. Daniel Mathew, Assistant Professor, NUJS

7. Nandan Nawn, Assistant Professor, NUJS

8. Arup Kumar Poddar, Associate Professor, NUJS

9. Tilottama Raychaudhuri, Assistant Professor, NUJS

10. Shameek Sen, Assistant Professor, NUJS

11. N.S. Sreenivasulu, Associate Professor, NUJS

12. TVGNS Sudhakar, Associate Professor, NUJS

http://www.livelaw.in/nujs-has-decided-to-disassociate-itself-from-ganguly-till-he-is-exonerated-of-all-charges/

In the mood for reason -- Dola Mitra. युक्ति हीने विचारे तु धर्म हानिः प्रजायते NUJS is not living up to its logo.

NUJS has decided to disassociate itself from Ganguly till he is exonerated of all charges

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