AG to govt: Ganguly case fit for President to refer to SC

NEW DELHI: Attorney General G E Vahanvati, in his opinion on West Bengal chief minister Mamata Banerjee's petition to the President seeking removal of Justice (retd) A K Ganguly from the state human rights commission (HRC) over his alleged sexual misconduct, has made a case for moving a Presidential reference to the Supreme Court for conducting a formal enquiry to establish "proved misbehaviour" on part of the ex-judge. "Proved misconduct" is a valid ground for removal of a state HRC chairman under Section 23(1) of the Protection of Human Rights Act (PHRA).

The AG's opinion, received by the Union home ministry a couple of days ago, may soon be referred to the Union Cabinet for a final decision. In case, the Cabinet agrees to go with the AG's opinion, a recommendation would be made for a Presidential reference to be sent to the Chief Justice of India (CJI) seeking an enquiry into charges of "unwelcome behaviour", brought against Ganguly by a law intern. Only the Supreme Court enquiry can establish "proved misbehaviour" on Ganguly's part, laying the ground for his removal from the post of WBHRC chairman.

"The file is under process. A Cabinet note is being readied by the human rights division of the Union home ministry, and a final call may soon be taken on moving the Presidential reference," a senior MHA official told TOI.

Ganguly is in the eye of the storm over charges levelled against him by the law intern, alleging that he had made sexual advances towards her as she assisted him on researching a case. A three-judge enquiry subsequently went into the law intern's complaint and indicted him of indulging in "unwelcome behaviour of a sexual nature".

Banerjee had recently written to the President seeking removal of Ganguly from the state HRC on three counts: his alleged sexual misconduct, his visit to Pakistan without prior clearance from the state government, and his accepting an assignment from All India Football Federation (AIFF) despite occupying public office as WBHRC chairman.

The AG is said to have found the law intern's allegations against Ganguly a serious matter, justifying a Presidential reference to the Supreme Court to launch a formal probe to establish "proved misbehaviour" on his part. According to Section 23(1) of the PHRA, a chairman or member of NHRC can only be removed "by order of the President of India on the grounds of proved 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".