S.N. Singh, former Dean of the Delhi University’s Faculty of Law, and Promila Shankar, a retired IAS officer, have demanded the resignation of Justice A.K. Ganguly, accused of sexually harassing a law intern, from chairmanship of the West Bengal Human Rights Commission.
In a letter submitted to Chief Justice of India P. Sathasivam, they said: “The whole nation is eagerly awaiting prompt action on the allegations against a former Supreme Court judge. This would be a litmus test for the Rule of Law and administration of justice in India.”
Prof. Singh, who along with advocate Virag Gupta, has filed a police complaint for a probe into the allegations, said in the letter: “Delhi Police has failed to lodge [an] FIR in spite of [its] being made aware of the Constitution Bench judgment dated 12th November, 2013 in the matter of Lalita Kumari vs. State of U.P…”
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Briefing journalists in the apex court, Prof. Singh and Mrs. Shankar urged the CJI to direct the police to register the FIR and order an enquiry into the matter so that the guilty would be punished.
Questioning the jurisdiction of the CJI-appointed, three-judge committee, Prof. Singh said the panel could not question a retired judge, who had engaged the intern in his capacity as West Bengal Human Rights Commission chief, and “therefore the matter does not relate to the Supreme Court.”
Prof. Singh and Mrs. Shankar want the CJI to request the Governor to ask Justice Ganguly to demit office pending inquiry to facilitate a fair and impartial investigation. The CJI should also refer the matter, as per Article 124(4) of the Constitution, to the President, “who may decide further course of action for such alleged misbehaviour of Supreme Court judges to bring back the confidence of people in the judicial system.”
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