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This is an archive article published on December 6, 2013

Intern’s case: Retired Prof writes letters to Prez,CJI,DP

S N Singh in his letter sought removal of Justice Ganguly as Chairman.

A retired academician has written letters to the President,the Chief Justice of India and the Delhi Police Commissioner seeking action against former Supreme Court judge A K Ganguly indicted by an apex court panel for “unwelcome behaviour” and “conduct of sexual nature”towards a law intern.

S N Singh,former Dean of Law Faculty,Delhi University,in his letter to President Pranab Mukherjee,sought removal of Justice Ganguly as Chairman of West Bengal Human Rights Commission under the provisions of the Section 23(1A) of the Protection of Human Rights Act 1993.

“I further draw your kind attention to my letter dated December 3,2013,written to Chief Justice of India to conduct an inquiry against other judges who are alleged to have committed misconduct with other law interns in their chamber… As per Supreme Court Chief Justice report dated December 5,there are no findings against other former/sitting judges.

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“We request you to order an independent inquiry into the allegations of other law interns and in case any sitting judge is involved in such misbehavior,kindly initiate action for removal of guilty judges as per Article 124(4) of the Constitution of India,” he said.

In a separate letter to Chief Justice P Sathasivam,Singh sought to forward all the affidavits and statements,recorded during the inquiry,to the Delhi Police which have

jurisdiction to probe such matter and lodge FIR against guilty persons.

“In case an inquiry committee has got the details of any sitting judge’s involvement in sexual harassment,the same be forwarded to the President of India for necessary action as per Article 124 (4) of the Constitution of India.

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“I repeat my request to order an inquiry into the lapse of the Supreme Court in not implementing the directions issued by it in Vishaka Vs State of Rajasthan in 1997 and fix a responsibility for taking action against guilty persons for not implementing the order for last 16 years,”the letter said.

In his letter to Delhi Police Commissioner B S Bassi,Singh sought registration of FIR on his complaint lodged at Tilak Marg Police Station regarding the intern’s sexual harassment allegation and action against guilty police officials for their “failure” to lodge FIR in the matter.

He also sought that the intern’s statement recorded by the apex court’s three-judge panel be considered as per provisions of the section 164 (recording of statement in-camera before magistrate) of the CrPC.

However,eminent lawyer Ram Jethmalani said that it should be for Ganguly to decide whether he wanted to resign or not.

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Speaking outside Parliament,he said,”He (Ganguly) has to decide himself.”

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