New Delhi: Attorney-general Goolam E. Vahanvati is understood to have told the government that in his opinion a prima facie case can be made out against former Supreme Court judge A.K. Ganguly, who is accused of sexually harassing a woman intern.
The A-G’s opinion came a day after it was sought by the home and law ministries. It is learnt the government may soon make a presidential reference for Justice Ganguly’s removal as head of the West Bengal Human Rights Commission, and a decision is likely next week. Justice Ganguly was recently indicted by a court-appointed committee for “unwelcome behaviour” towards a law intern.
“We have sent the papers for legal vetting and that will come early next week. After that we will take a decision,” home minister Sushilkumar Shinde said.
As reported in this newspaper Friday, the A-G’s opinion was sought to ensure the case presented in the presidential reference could withstand scrutiny by the SC. It will first have to be cleared by the Union Cabinet.
According to the Protection of Human Rights Act, a chairperson or member of the NHRC or a state human rights commission can only be removed “by order of the President of India on the grounds of proven misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has, on enquiry...reported that the Chairperson or the member, as the case may be, ought on any such ground to be removed.”
The government’s move came after President Pranab Mukherjee referred West Bengal chief minister Mamata Banerjee seeking Justice Ganguly’s removal to the MHA. The former judge has denied the charge.
Meanwhile, Delhi police commissioner B.S. Bassi has said the the police are “acting per law” in connection of the alleged sexual harassment case.
“As far as Delhi police is concerned, whatever is required under the law is being done and will be done,” he told a TV channel. Asked about parallels being drawn with the Tehelka case in which the Goa police took suo motu cognisance and registered an FIR and later arrested the magazine’s founder Tarun Tejpal, Mr Bassi said they have taken needful steps.
