File photo of Justice AK Ganguly
The government has prepared a draft for a presidential reference as it explores ways in which former Supreme Court judge AK Ganguly, accused of sexually harassing a law intern, can be removed from his position as Chairman of the West Bengal Human Rights Commission. The Home Ministry has now sought the opinion of the Attorney General on the matter.
The Human Rights Act provides that to remove Justice Ganguly, the President will have to make a reference to the Supreme Court, which will then order an inquiry.
The Prime Minister's Office, the Home Ministry as well as the Law Ministry have said that the former judge's matter is a fit case for presidential reference.
To avoid delay, sources said, the government is also considering invoking another section of the Act, which says that if there is an infirmity of mind or body, the President can remove the head of a Human Rights Commission by a direct order.
Attorney General Goolam E Vahanvati has said that he is examining the issue and will take some time to send his opinion to the government.
Sources say the draft of the presidential reference is expected to go to President Pranab Mukherjee in the next two days.
There is widespread demand that Justice Ganguly be removed; the former judge has denied the allegations against him and has refused to resign. West Bengal Chief Minister Mamata Banerjee has written twice to the President, finding rare agreement with the Left parties that Justice Ganguly must be sacked. Both sides raised the issue forcefully in Parliament.
Additional Solicitor General Indira Jaising has also written to Prime Minister Manmohan Singh seeking Justice Ganguly's removal. On Monday, she released portions from the intern's statement before a three-member Supreme Court panel, describing how Justice Ganguly had allegedly sexually harassed her at a Delhi hotel in December 2102.
The Supreme Court panel appointed to investigate her charges said no action could be taken as Justice Ganguly had retired by the time the alleged assault took place.