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Sibal, Jaitley decry SC stand on Ganguly

Last Updated 06 December 2013, 20:22 IST

Union Law Minister Kapil Sibal and senior BJP leader Arun Jaitley have questioned the Supreme Court for letting off Justice A K Ganguly without taking action against West Bengal Human Rights Commission chairperson despite a panel formed by them holding him guilty of sexually harassing a law intern.

Both senior lawyers-turned-politicians wanted to know will the apex court had dealt with an ordinary citizen in the same manner as they have with Justice Ganguly.

Stressing that the matter cannot be “brushed under the carpet”, minister Kapil Sibal told reporters that "I am a little disappointed because the institution which has found that sexual overtures were made, was to have taken the matter forward".

Separately in a similar view, Jaitley dubbed the SC reluctance to order an action against Ganguly as an “escapist route” while at the same time demanded an apex court monitored probe in his case on the lines of 2G scam.

A three-judge committee of the apex court indicted Justice Ganguly, who was praised for his 2G scam verdict, for "unwelcome behaviour" and "conduct of sexual nature" towards a law intern. On the basis of the report, the apex court had said that they cannot take any action Ganguly as he was no longer one of their justices.

On his Facebook page,  Rajya Sabha leader of opposition said the Supreme Court trying to shed its responsibility due to its "administrative" limitations as Ganguly has since retired "fails the test of conscience".

"If it (SC) has found a former Judge of the Supreme Court prima facie committed an offence, it cannot follow an escapist route and hold that on the administrative side it has no jurisdiction. The Supreme Court is fully empowered on the Judicial side to ensure that the law takes its own course. It cannot escape from its judicial responsibility," Jaitley wrote.

He also posed a direction question, "Is the Court dealing with a former Judge, who currently holds the office as the Chairman, Human Rights Commission, West Bengal in the same way as it would have dealt with any other person who is or has been the holder of an exalted office?".

Justice Ganguly, however, has denied charges of sexually harassing the woman and has so far refused to step down from the WB Human Rights Commission chief post.
The BJP leader said he must step down from the office he holds.

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(Published 06 December 2013, 20:22 IST)

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