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This Article is From Dec 06, 2013

Why did Supreme Court wash its hands off Justice AK Ganguly? asks Law Minister Kapil Sibal

Why did Supreme Court wash its hands off Justice AK Ganguly? asks Law Minister Kapil Sibal
New Delhi: As the Delhi Police today took the first step towards criminal action against former Supreme Court judge AK Ganguly for alleged sexual harassment, Law Minister Kapil Sibal today said he was "disappointed" with the top court for not proceeding against the former judge.

Yesterday, the Supreme Court said an inquiry had concluded that he indulged in "unwelcome verbal/non-verbal conduct of sexual nature" in a five-star hotel in Delhi in December. ('Unwelcome conduct of sexual nature' by Justice Ganguly, says inquiry)

Chief Justice P Sathasivam, however, said the no follow up action would be taken as Justice Ganguly had retired when the alleged violation took place.

"Why did they set up an inquiry if they knew he was a retired judge? Why did they wash their hands off the matter? It disappoints me" asked Mr Sibal, "The Supreme court is so proactive when dealing with ordinary citizens."

The BJP too backed that concern with its senior leader Arun Jaitley tweeting, "Supreme Court on the administrative side may not have the power to deal with a retired Judge. It could certainly do so on the Judicial side."

Justice Ganguly may face criminal action if the woman who has accused him of sexual harassment responds to the Delhi police and gives a formal statement. The police emailed the woman last night.

"Don't disturb me, I have already tolerated a lot," Justice Ganguly, 66, said angrily to reporters in Kolkata today.

West Bengal Chief Minister Mamata Banerjee has written to President Pranab Mukherjee seeking "urgent appropriate action" against him. Her party, the Trinamool Congress, has said he should quit the state's human rights commission immediately.  His supporters point out that Justice Ganguly was a frequent critic of Ms Banerjee and her government.

Justice Ganguly retired from the Supreme Court in 2012.  Last month, a young woman lawyer blogged that as an intern, she had been sexually harassed in a hotel room by a judge who she did not name. The chief justice then asked three serving Supreme Court judges to study the charges.

Justice Ganguly was on the bench which delivered a landmark verdict in February 2012, cancelling 122 licenses for mobile networks, on the grounds that they had been allocated by the government without transparency. "The infallible are ordinary mortals," remarked Mr Sibal today of the former judge.

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