A three-judge committee investigating charges of sexual harassment made by a law intern against Justice A.K. Ganguly, retired Supreme Court judge, has said in its report that the allegations prima facie disclose an act of unwelcome behaviour.
The Full Court, at a meeting on Thursday, considered the report, and it was decided that no further follow-up action was required as Justice Ganguly was no more a sitting judge.
The statement issued by Chief Justice of India P. Sathasivam said: “Considering the fact that the said intern was not an intern on the rolls of the Supreme Court and that the concerned Judge had already demitted office on account of superannuation on the date of the incident, no further follow up action is required by this court.”
When contacted, Justice (retd) Ganguly told The Hindu: “I don’t want to comment without seeing the report.”
The committee, having scrutinised the statements of the intern, the affidavits of three witnesses and the statement of Justice (retd.) Ganguly, submitted its report on November 28.
According to the operative portion of the report, “it appears to the committee that in the evening on 24.12.2012, the intern had visited the hotel where Justice (retd.) A.K. Ganguly was staying to assist him in his work. This fact is not denied by Justice Ganguly in his statement. Further the committee is of the considered view that the statement of the law intern, both written and oral, prima facie discloses an act of unwelcome behaviour (unwelcome verbal/non-verbal conduct of sexual nature) by Justice Ganguly with her in the room in the hotel on 24.12.2012 approximately between 8.00 p.m. and 10.30 p.m.”
The CJI said: “On account of the fact that [the] report appeared in the media that it was [a] ‘Supreme Court Judge’, the committee was constituted and it has submitted its report. As decided by the Full Court, it is made clear that the representations made against former judges of this court are not entertainable by the administration of the Supreme Court. The Secretary General is directed to supply a copy of the report to the intern and Justice Ganguly.”