Chief Justice of India P Sathasivam's statement that "no further follow up action is required by this Court" in view of the fact that Justice Ganguly had demitted office on the day of the incident December 24 last year raised questions on the next course of action in the case.
A two-page statement of the CJI giving the "operative portion" of the report said: "The Committee is of the considered view that the statement of (the intern) both written and oral, prima facie discloses an act of unwelcome behaviour (unwelcome verbal/non-verbal conduct of sexual nature) by Mr. Justice (Retd.) A.K. Ganguly with her in the room in hotel Le Meridien on 24.12.2012 approximately between 8.00 P.M. and 10.30 PM".
Justice P Sathasivam disclosed the name of the intern but in keeping with the legal requirements and media policy followed in such cases, PTI is not mentioning her name in this news item.
The CJI's statement triggered immediate demands for filing of an FIR suo motu by the police in view of the "savage indictment" by the committee in the words of senior lawyer Pinaki Mishra.
"I am pleased with what the committee has done. I do believe police must register an FIR immediately," additional solicitor general Indra Jaisingh said in her reaction.
There were also demands that Justice Ganguly should immediately quit as West Bengal human rights commission with leader of opposition Sushma Swaraj and TMC MP Saugata Roy taking the lead in the matter.
Justice Ganguly himself did not offer any comments saying he had not seen the Supreme Court report.
Senior advocate KTS Tulsi, however, differed with those demanding suo motu filing of FIR by the police. "We don't know the full report. The girl is not under disability and if she does not support the prosecution, the police will look foolish."
The CJI said on account of the fact that a report appeared in the media on the alleged aberration that it was "Supreme Court judge", the committee was constituted and it has submitted its report.
"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 Supreme Court," the CJI's statement said.
The secretary general was directed to supply a copy of the report of the committee to the intern and Justice Ganguly.
The committee comprising justices RM Lodha, HL Dattu and Ranjana Prakash Desai was constituted by Sathasivam after media reports on November 12 that "a recently retired judge" misbehaved with a law intern.
Without naming the judge, she had written in a blog that when the country was discussing the December 16 rape incident in the capital, she had undergone a traumatic experience at the hands of a judge who made advances to her.
The CJI said that taking cognizance of the fact that such allegation against a Supreme Court judge will have a direct bearing on the institution's reputation and credibility, he had on the same day appointed the three-member committee to ascertain the truth of the allegations.
The committee, having scrutinized the statements of the intern, the affidavits of her three witnesses and Justice AK Ganguly, former Judge of this Court, submitted its Report on 28th November, 2013.
The intern had appeared before the committee last month followed by the judge.
Justice Ganguly, who is now the chairman of the West Bengal human rights commission, has denied the allegation against him and said he has been shocked and shattered.
Ever since the controversy erupted there have been demands for action against him and that he should quit from his post.
The apex court committee recorded the statement of Justice Ganguly, who is at present heading West Bengal human rights commission, after recording the statement of the law intern.
"The committee constituted to inquire into the allegations of sexual harassment levelled by the law intern against a former SC judge held its meetings on November 13, 18, 19, 20, 21, 26 and 27.
"The statement of law intern was recorded. She had also submitted three affidavits. The statement of Mr. Justice (retired) AK Ganguly has also been recorded by the committee. The committee has submitted its report to the CJI on November 28," the official said in a statement.
The official, however, did not give any details of the findings of the committee comprising Justices RM Lodha, HL Dattu, and Ranjana Prakash Desai which was constituted by the CJI on November 12.
Hit by allegations of sexual misbehaviour by one of its judges, the Supreme Court constituted a three-judge committee to go into the charge of a woman intern that she was sexually harassed last December by the judge.
Justice Ganguly was elevated to Supreme Court on December 17, 2008 and superannuated on February 3, 2012.
The intern, in a blog, had accused the retired judge of having misbehaved with her in a hotel room last December when the nation was grappling with the gang rape of a 23-year-old woman in the capital.
On November 18, the intern appeared before the panel and gave details of the incident and on November 21, she had sent certain applications and affidavits to the panel.
While setting up the panel on November 12, Justice Sathasivam had observed that he was concerned as head of the institution (judiciary).
"In the cases of sexual harassment, we cannot take it lightly," the CJI had said.
The young woman intern had first come out in public by writing her experience and ordeal in a blog of NGO "Natural Justice: Lawyers for Communities and the Environment", with which she has been working. She has also got support and solidarity from her employer NGO.
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