With the Full Court of the Supreme Court deciding not to proceed against the former judge, A.K. Ganguly, for unwelcome sexual behaviour against a law intern, it is now up to the Delhi Police to initiate further action on the private complaint filed by S.N. Singh, Former Dean, Faculty of Law, Delhi University, against Justice Ganguly.
Based on the complaint, the Delhi Police had contacted the intern but it was waiting for the report of the three-judge panel appointed by the apex court. If the preliminary enquiry into the cognisable offence shows that there is substance, the police will have to register a formal First Information Report and proceed with it in accordance with law.
Legal sources told The Hindu that the Supreme Court received another complaint against one more retired judge, and this prompted the Full Court to make it clear that representations made against former Supreme Court judges would not be entertained by the administration.Indira Jaising welcomes decision
Additional Solicitor-General Indira Jaising has welcomed the Full Court’s decision. “I am very pleased with what the Supreme Court has done” but now other institutions must act, she said.
Asked why no action had been taken by the court, she said: “Even if Justice Ganguly was a sitting judge, the Supreme Court could not have disciplined him, that could have happened only through impeachment by Parliament. He has retired, so even that is not possible. The only option is administrative cleaning process, which they have done. They have said ‘no further action by this court’ that does not mean other institutions are not required to act.”