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Thursday, December 19, 2013

Government readies presidential reference on Justice AK Ganguly's removal

The government has readied a draft for President Pranab Mukherjee for the removal of former Supreme Court judge AK Ganguly, accused of sexually harassing a law intern.

Sources say the government is exploring ways to remove Justice Ganguly from the post of West Bengal Human rights Commission chairman. According to the provisions in the Human Rights Act, the President has to make a reference to the Supreme Court for Justice Ganguly's removal which will then order an inquiry prescribed by the court procedures.

In order to avoid the delay in adopting the first procedure, sources say the government may invoke another section of the act which says if there is an infirmity of the mind or body, the President can remove Justice Ganguly by a direct order.

Sources say that hectic consultations are on between Law and Home ministries over which section to invoke for Justice Ganguly's removal. They also say that the government is awaiting legal opinion and the draft is expected to go to President Pranab Mukherjee in the next two days.

There has been growing chorus for Justice Ganguly's removal. West Bengal Chief Minister Mamata Banerjee has written to the President twice. On Tuesday, Ms Banerjee's Trinamool Congress and the Left were in rare agreement that Justice Ganguly must be sacked, and both parties raised it forcefully in Parliament.

Additional Solicitor General Indira Jaising has also written to Prime Minister Manmohan Singh seeking Justice Ganguly's removal.

Last month, the intern had blogged about the incident for a website that covers legal news. The Supreme Court then appointed three judges to investigate her charges, but said no action could be taken against the former judge as he was retired when the incident took place.

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