Sexual harassment by Supreme Court Retired Judge 19.12.2013

After AK Ganguly, another ex-Supreme Court judge faces sexual slur

Harish V. Nair   |   Mail Today  |   New Delhi, December 19, 2013 | UPDATED 08:28 IST

At a time when the demand for action against former Supreme Court judge A.K. Ganguly is at its peak, Mail Today has learnt that Chief Justice of India P. Sathasivam had received another complaint of sexual harassment by an intern against another recently retired judge of the apex court. Mail Today has learnt from a highly placed source that this intern had sent the complaint against this judge around two weeks ago, when a panel of three judges was hearing the accusations against Justice (Retd) Ganguly.

But, it is learnt, the second intern has been told by the apex court that it can't take any action to help her in this case. "A senior law officer sent an affidavit to the Chief Justice affirming in a sealed cover that another intern had levelled allegation of sexual harassment against another recently retired Supreme Court judge," said the source. "But in a full court meeting (which comprises all the judges of the Supreme Court) convened to take a call on the Ganguly issue, a decision was taken that no more complaints against retired judges will be entertained by the court," the source said. This effectively has shut the door for any response to the second intern's complaint from the court.

Mail Today contacted Additional Solicitor General Indira Jaising, who has led the charge against Justice Ganguly, but she said that she had no comment on this matter. Supreme Court Public Relations Officer Rakesh Sharma and Secretary General Ravindra Maithani said they did not have any information of a complaint sent to the Chief Justice of India.

In a statement posted on the official website of the Supreme Court on December 5, 2013 after the full court meeting, Chief Justice Sathasivam said it did not have jurisdiction over retired judges. "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 notice said.

Justice Sathasivam had said the three-judge panel which probed the allegations by an intern against Justice Ganguly was set up after her blog and a media report created an impression that the person involved was a serving judge when the incident took place. The three judge committee concluded that Justice Ganguly had indulged in unwelcome verbal and non-verbal conduct of sexual nature, but did not suggest any action saying it had no jurisdiction in the case.

"Considering the fact that the said intern was not an intern on the rolls of the Supreme Court and that the concerned judge had already demitted office on account of superannuation on the date of the incident, no further follow-up action of is required by the court," the statement issued by the court had said. The intern who had accused Justice Ganguly had said in her blog on November 11 that that she had information that "four other girls face sexual harassment from other judges".

All these have been mentioned in a complaint pending before the Delhi Police filed by a former Dean of the Law Faculty, S.N. Singh, demanding an FIR against Ganguly and probe into role of other judges. He said the intern's statement disclosed an offence under Section 354 of the Indian Penal Code which says "whoever assaults or uses criminal force on any women intending to outrage or knowing it will outrage the modesty shall be imprisoned for a term which may extend to two years".

Read more at: http://indiatoday.intoday.in/story/after-ganguly-another-ex-sc-judge-faces-sexual-slur/1/331841.html?source=homerntnews