ASG Indira Jaising asks PM to initiate removal proceedings against Justice Ganguly as WBHRC Chair

The calls for Justice Ganguly’s resignation have recently gotten louder with Senior Advocate and Additional Solicitor General Indira Jaising also seeking action against the retired judge..Jaising has written a letter to the Prime Minister for initiating the removal of Justice (Redt.) AK Ganguly, been accused of sexually harassing an intern, from the position of Chairman, West Bengal Human Rights Commission..Days after Chief Justice Sathasivam made a public statement on a 3-judge committee’s report on the allegations, Jaising chose to approach the Prime Minister. In the letter, dated December 10, Jaising wrote,.“I request you to take the necessary action requesting the President of India to make a reference to the Supreme Court of India to initiate the process of removal of Justice A K Ganguly from the post of the chairperson of the West Bengal Human Rights Commission.”.Justice Ganguly has chosen not to resign even after the three member committee, which was constituted to probe the alleged sexual harassment concluded that the statements of the law intern, the witnesses as well as those of Justice Ganguly “prima facie discloses an act of unwelcome behaviour” by Justice Ganguly..She wrote that by initiating proceedings against Justice Ganguly,.“We will be sending a much required signal to the country at large, that the rights of women matter and will be respected. It will also send a signal that ‘be you ever so high, the law is above you’ and most importantly, it will send a signal that those who are charged with the constitutional duty to enforce the law, must first live by the law themselves..A person against whom there is an allegation of sexual harassment cannot be allowed to occupy the position of chairman of a human rights commission without his name being honourably cleared.”.She has referred to Section 23 of the Protection of Human Rights Act, 1993, which states that the Chairperson can be removed only after the Supreme Court recommends the removal. However for this to take place, the President must make the appropriate reference to the Supreme Court..It is not clear whether Jaising has also written to the President of India. When contacted, all Jaising would say was that she was, “hoping for a positive response”..Meanwhile, in West Bengal too, Justice Ganguly has come under severe pressure. The ruling TMC has asked for Ganguly’s resignation on moral grounds, although some reports indicate that this may be a purely political move since Ganguly had been critical of TMC’s policies. An NGO in Calcutta has also filed a complaint against Ganguly..BJP leader, Sushma Swaraj also raised the issue of Ganguly’s resignation in the Upper House..In Delhi, Professor SN Singh has also filed a complaint before the Tilak Marg Police Station seeking the initiation of a police investigation into the allegations against Ganguly..Image from here