The Supreme Court panel probing the sexual harassment case against retired Supreme Court judge and present West Bengal Human Rights Commission chairperson AK Ganguly on Thursday said that the judge has been indicted in the crime and prima facie discloses that it was an "act of unwelcome behaviour" and "conduct of sexual nature" on his part.
The apex court declared its statement after a panel set up by it to probe the sexual allegation of the law intern against Gangulysubmitted its report.
"We have carefully scrutinized the statement (written as well as oral) of Ms. Stella James, the affidavits of her three witnesses and the statement of Mr. Justice (Retd.) A.K. Ganguly. It appears to the Committee that in the evening on 24.12.2012, Ms. Stella James had visited hotel Le Meridien where Mr. Justice (Retd.) A.K. Ganguly was staying to assist him in his work. This fact is not denied by Mr. Justice (Retd.) A.K. Ganguly in his statement," the apex court said in a statement.
"Further the Committee is of the considered view that the statement of Ms. Stella James, both written and oral, prima facie discloses an act of unwelcome behaviour (unwelcome verbal/non-verbal conduct of sexual nature) by Mr. Justice (Retd.) A.K.Ganguly with her in the room in hotel Le Meridien on 24.12.2012 approximately between8.00 P.M. and 10.30 P.M,"the statement said.
The Supreme Court, however, said that no further follow up action is required by it since Ganguly had demitted office on the date of the incident — Dec 24 last year.
"Considering the fact that the said intern was not an intern on the roll 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 is required by this Court," the apex court noted.
The three member judges' panel of the Supreme Court investigated the charges of the woman and submitted their report to the Chief Justice of India (CJI).
The panel was set up by the Chief Justice of India P Sathasivam.
Justice Dattu, Justice Desai and Justice Lodha were on the panel.
Stella James, who is a Fellow at Natural Justice: Lawyers for Communities and the Environment, blogged: "In Delhi at that time (during protests against the brutal Dec 16 gangrape), interning during the winter vacations of my final year in University, I dodged police barricades and fatigue to go to the assistance of a highly reputed, recently retired Supreme Court judge whom I was working under during my penultimate semester.
"For my supposed diligence, I was rewarded with sexual assault (not physically injurious, but nevertheless violating) from a man old enough to be my grandfather."
"I won't go into the gory details, but suffice it to say that long after I'd left the room, the memory remained, in fact, still remains, with me," she wrote in her blog for Journal of Indian Law and Society.
She said the incident affected her deeply.
"As a conditioned member of the society, I had quickly 'gotten over' the incident. But was that what worried me: that I had accepted what was essentially an 'unacceptable' situation," said Stella.
"While the incident affected me deeply, I felt little anger and almost no rancour towards the man; instead I was shocked and hurt that someone I respected so much would do something like this. My strongest reaction really, was overwhelming sadness," she said.
However, speaking to Mail Today earlier, Justice Ganguly said earlier: "I do not want to make any comments at this juncture. But this allegation is coming after almost a year and that too through a blog. A committee has been formed by the Supreme Court and it will take a decision after recording the girl's statement."
--IBNS (Posted on 06-12-2013)