SC SEXUAL HARASSMENT CHARGE: ‘No Further Follow Up Action Is Required By This Court’
‘…The said intern was not an intern on the roll of the Supreme Court and …the concerned Judge had already demitted office on account of superannuation on the date of the incident’
P. SATHASIVAM … WEB | DEC 05, 2013 http://www.outlookindia.com/article.aspx?288780
Recently, an incident of alleged aberration was reported in the Times of India, New Delhi Edition, on Tuesday, the 12th November, 2013, under the caption “SC Judge harassed me, says intern”. Taking cognizance of the fact that such allegation against a Supreme Court Judge will have a direct bearing on the Institution’s reputation and credibility, I, on the same day, constituted a Committee consisting of Hon’ble Mr. Justice R.M. Lodha, Hon’ble Mr. Justice H.L. Dattu and Hon’ble Mrs. Justice Ranjana Prakash Desai, to ascertain the truth of the allegations. The Committee, having scrutinized the statements of the intern [ SEXUAL HARASSMENT ‘Through My Looking Glass’ We reproduce the full text of the blogpost by a young lawyer which has led to the Supreme Court appointing a three-member panel to probe sexual harassment charges against a retired judge (added by this writer to enable readers) STELLA JAMES “ , the affidavits of her three witnesses and Mr. Justice A.K. Ganguly, former Judge of this Court, submitted its Report on 28 th November, 2013. The operative portion of the Report is as follows:
“We have carefully scrutinized the statement (written as well as oral) of Ms.[Redacted], 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.[Redacted] 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..
Further the Committee is of the considered view that the statement of Ms.[Redacted], 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 between 8.00 P.M. and 10.30 P.M.”
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.
On account of the fact that report in the Media appeared that it was “Supreme Court Judge”, the Committee was constituted and it has submitted its Report. As decided by the Full Court in its Meeting dated 5 th 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 Secretary General is directed to supply a copy of the Report dated 27 th November, 2013, to the intern and Mr. Justice A.K. Ganguly, former Judge of this Court. Let it be put on the Supreme Court website.
[ P. Sathasivam ]
Chief Justice of India
December 05, 2013.