Law intern issue can’t be ’brushed under the carpet’: Kapil Sibal

mangaloretoday.com

New Delhi, Dec 6, 2013 (PTI): Union Telecom and Law Minister Kapil Sibal addresses a press conference in New Delhi on Thursday.

Law Minister Kapil Sibal today questioned the decision of the Supreme Court of not taking further action against Justice A K Ganguly, indicted in a case of sexual harassment just because he has retired, saying the issue cannot be "brushed under the carpet".

 

"I am a little disappointed because the institution which has found that sexual overtures were made, was to have taken the matter forward," he told reporters here.

He said in his view, prima facie the apex court has "brushed it under the carpet, in a sense that they have said that they have nothing to do with the matter because he is no longer a judge."A three-judge committee of the apex court has indicted Justice Ganguly for "unwelcome behaviour" and "conduct of sexual nature" towards a woman law intern.

Justice Ganguly, who retired from the apex court more than a year ago and currently heads the West Bengal Human Rights Commission, was accused by the intern of sexually harassing her in a hotel room in Delhi last year. He has strongly denied the charge.

"Well, if he was no longer a judge, then they should not have set up the inquiry. Having come to a conclusion, they cannot give that reason to say they won’t take it forward," Sibal said.

 

Jaitley demands SC-monitored probe against Justice Ganguly


Senior BJP leader Arun Jaitley speaks during the BJP Press Conference in New Delhi on Monday.

The Supreme Court cannot follow an "escapist route" on the sexual harassment complaint against Justice A K Ganguly, BJP leader Arun Jaitley today said, demanding that the apex court monitor a probe in the case as it had done in other matters like 2G scam.

The Leader of Opposition in Rajya Sabha argued on his Facebook page that the Supreme Court’s reasoning that it cannot deal with the charges against Justice Ganguly due to its "administrative" limitations as he is a retired judge of the apex court "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 said.

"The administrative decision of the Supreme Court is being closely watched by all citizens. 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?" he said.

The BJP leader said Justice Ganguly must face the investigations as an ordinary citizen stepping down from the office he holds.