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Justice Ganguly’s conduct of sexual nature: SC panel
Legal Correspondent

New Delhi, December 5
The Supreme Court’s three-judge panel has prima facie found that retired judge AK Ganguly’s behaviour with a law intern at a five-star hotel in the National Capital Delhi on Christmas eve last year was “unwelcome” and of “sexual nature”.

The apex court, however, decided not to take further action on the issue as Justice Ganguly was not a sitting judge at the time of the incident (he retired in February 2012). The apex court took the decision after a meeting of all the 30 judges, including Chief Justice P Sathasivam, today.

In a brief statement, the CJI gave excerpts from the panel’s report which read: “The committee is of the considered view that the statement of the intern (name withheld), both written and oral, prima facie discloses an act of unwelcome behaviour (unwelcome verbal/non-verbal conduct of sexual nature) by Mr Justice (retd) AK Ganguly with her in the room in hotel Le Meridien on 24.12.2012 approximately between 8 pm and 10.30 pm.”

Headed by Justice RM Lodha, the panel had Justices Ranjana Desai and HL Dattu as its members. The panel said before arriving at it its conclusion it had “carefully scrutinised the statement (written as well as oral) of the intern, the affidavits of her three witnesses and the statement of Mr Justice (retd) AK Ganguly. It appears to the committee that in the evening on 24.12.2012, the intern had visited hotel Le Meridien where Mr Justice (retd) AK Ganguly was staying to assist him in his work. This fact is not denied by Mr Justice (retd) AK Ganguly in his statement.”

The CJI said since the intern was not an intern on the rolls of the SC and that Justice Ganguly had already retired, “no further follow-up action is required by this court”.

In fact, the Supreme Court panel had been set up in the first place as media reports had talked about a “Supreme Court Judge” giving an impression that a sitting judge of the court was involved in the incident and that an intern of the apex court was the alleged victim, the CJI clarified.

With this, the CJI also clarified that the apex court would not take action on the representations received by it in this connection. “As decided by the Full Court in its meeting dated 5th December, 2013, it is made clear that the representations made against former judges of this court are not entertainable by the administration of the SC,” CJI Sathasivam said.

The CJI has asked the Supreme Court secretary-general to send a copy of the panel’s November 27 report to the intern and Justice Ganguly, who now heads the West Bengal Human Rights Commission.

No follow-up action

• The SC decided not to act further against Justice AK Ganguly as he had demitted office on the date of the incident and the intern wasn’t on court rolls
• CJI P Sathasivam said the panel was set up only because media reports talked about the involvement of an “SC Judge”
• The CJI said representations made against former SC judges were not entertainable by the administration of the SC

Uttarakhand IAS officer suspended

Dehradun, December 5
In another setback to Additional Secretary JP Joshi, who is in jail on the charges of sexual assault, the government suspended him from his service here today. The General Administration department of the secretariat issued the order of his suspension.

Chief Secretary Subash Kumar said the suspension order has been issued on chief minister’s approval.

JP Joshi’s lawyer moved his bail plea before the Session Court. The court reserved its order for December 7. The local court has already rejected his bail application in the physical assault case against him. The police arrested Joshi on Tuesday after he was found guilty of physically assaulting the 26-year-old girl on the pretext of providing her a government job. Later, he was presented before the duty magistrate and sent to 14 days of judicial custody.

Joshi has also filed an FIR against the woman and two others, alleging that they blackmailed and threatened him. Meanwhile, the police team, investigating the charges of blackmail against the 26-year-old girl, has not been able to trace her whereabouts. Inspector General of Police (IG) Law and Order RS Meena said the girl was not cooperating in the investigation. Police sources said in the preliminary investigation, the girl has been found guilty of making video clip of JP Joshi allegedly for blackmailing him.