Centre to send Prez reference for probe against AK Ganguly

The central government is likely to send this week a reference to the President for a probe against former apex court judge AK Ganguly, who has been accused by a former law intern of sexual harassment. Attorney Genral GE Vahanvati has already endorsed it.

The ministry of home affairs is expected to place a note for sending a Presidential reference in the next meeting of the Union Cabinet. Vahanvati has noted that a case can be made out against Ganguly following allegations of unwelcome behaviour towards the woman law intern.

Officials said that once the cabinet clears the proposal, it will be sent to President Pranab Mukherjee for approval. Once approved the home ministry will then send the Presidential reference to Chief Justice of India for conducting a fresh probe into the whole incident. Officials said that the government is expected to take the initiative after the Supreme Court meets after a winter break.

Vahanvati’s suggestions came after his views were sought on a letter to the President by West Bengal chief minister Mamata Banerjee seeking Ganguly’s removal from chairmanship of West Bengal Human Rights Commission following the allegations.

Officials said the Attorney General had been asked to give views on whether any case can be made out on three issues – the allegation of sexual harassment against Ganguly, his visit to Pakistan without informing the West Bengal government and taking an assignment from All India Football Federation despite holding the high post in human rights commission.

The Protection of Human Rights Act is clear that 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’.

Amidst the growing demand to step down from his current post of chairman of West Bengal Human Rights Commission, Justice Ganguly has strongly denied the charge and refused to quit his post. 

Justice Ganguly had written an eight page letter to Chief Justice of India P Sathasivam denying that he had sexually harassed the intern. He had, in his letter, alleged that there was a ‘palpable design’ to malign him because of the judgments he had given against ‘powerful quarters’. 

He had also complained that the Supreme Court had not given him a proper hearing.