Ganguly Case: Cabinet to consider Prez Ref - The New Indian Express

Ganguly Case: Cabinet to consider Prez Ref

Published: 01st January 2014 08:54 AM

Last Updated: 01st January 2014 08:54 AM

The Cabinet is likely to consider the Presidential Reference against former Supreme Court judge A K Ganguly for his removal from the post of the chairperson of the West Bengal Human Rights Commission, on Thursday.

As per government sources, the Cabinet note is ready and is expected to be taken up on Thursday. According to the procedure, once the cabinet approves the proposal, a formal advice will be sent to President Pranab Mukherjee to remove Ganguly.

The Cabinet note is backed by the legal opinion received by Attorney General G E Vahanavati favouring action against Ganguly.

After the note is cleared, the President will make a reference to Chief Justice of India P Sathasivam. The CJI will then investigate the case and recommend as per the procedures set out in the Protection of Human Rights Act. However, amidst all these controversies, Justice Ganguly has refused to resign despite demands from the political class, lawyers’ bodies and social organisations.  The Home Ministry has moved a Cabinet note to make a Presidential Reference to the Supreme Court in the Justice A K Ganguly sexual misconduct case, setting into motion the process to remove him from the post.

The action against Justice Ganguly was followed by a letter from West Bengal Chief Minister Mamata Banerjee, who had demanded action against Ganguly in the backdrop of allegations of sexual misconduct against him, as well as for him going on foreign trips and taking arbitration assignments without approval.

The allegation of a lawyer that Ganguly sexually harassed her while she interned with him last year had already been assessed by a panel of SC judges that found merit in the complaint but did not take any action.

Justice Ganguly had in his 8-page long letter to the CJI said: “First of all, I wish to make it clear that I never harassed nor did I make any unwelcome advances to any female intern. ”

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