A three-judge panel looking into the sexual harassment complaint of a law intern has found retired Justice Asok Kumar Ganguly prima facie guilty of sexual misconduct.
In its report submitted to Chief Justice of India on November 27, portions of which were made public on the SC website on Thursday, the Committee said: “The committee is of the considered view that the statement of the intern, both written and oral, prima facie discloses an act of unwelcome behavior by Justice (Retired) AK Ganguly with her in the room in Hotel le Meridien on December 24, 2012 approximately between 8 pm and 10.30 pm.”
The unwelcome behaviour was by way of unwelcome verbal and non-verbal conduct of sexual nature, explained the panel, comprising Justices RM lodha, Hl Dattu, and Ranjana Desai.
Terming the incident as an “aberration”, CJI P Sathasivam, issued a public notice to indicate that no further “follow up action” will be taken as the incident was subsequent to the judge’s retirement in February 2012. Moreover, the intern who complained against the judge was not an intern on the roll of the Supreme Court.
leaving it open for the victim and accused judge to pursue their legal remedies, the CJI directed the Secretary-General to supply a copy of the committee’s report to the intern and Justice Ganguly, who currently heads the West Bengal Human Rights Commission.
legal experts are of the view that the report would be sufficient to lodge an FIR against the judge and also seek his removal from the State human rights panel. It is the first time ever that a judge (former or sitting) of the highest court has been indicted for sexual misconduct. To meet such future contingencies, the SC Full Court met on Thursday and decided that representations against former SC judges will not be entertained on the court administration.
The incident was reported in the national media on November 12 that threatened to sully the reputation of the institution, considering the fact that the victim was a law intern working under Justice Ganguly. Even the Attorney-General approached the court to take remedial steps. It was in this backdrop, the CJI formed a three-judge panel to ascertain the truth behind the allegation.
The committee scrutinized the statement of the victim, the affidavits of her three witnesses, and statement of Justice Ganguly to reach its conclusion.
It said: “It appears to the committee that on the night of December 24, 2012, the intern had visited hotel le Meridien where Justice AK Ganguly was staying, to assist him in his work.” This fact was not denied by Justice Ganguly either. However, he denied the remaining sequence of events. According to him, the girl had dinner and left without anything of the sort alleged by the intern having taken place. When his name was first made public at the time the committee submitted its report to the CJI, Justice Ganguly remarked saying he was “shocked and shattered.”