AK Ganguly case: Cabinet approves sending presidential reference to Supreme Court

NEW DELHI: The Union Cabinet on Thursday approved sending a presidential reference to the Supreme Court to inquire into allegations against former Justice AK Ganguly, facing accusations of sexual harassment, with a new damaging charge emerging that he had accepted the hospitality of a Pakistani national without permission.

By resigning as chairperson of the West Bengal Human Rights Commission (WBHRC), Ganguly could however render the process futile. But the former justice, who could face an unprecedented apex court inquiry, said he was undecided on quitting.

“I need some time to decide. I cannot comment now,” he said. He made the comment after the home ministry made a consolidated case against him in Cabinet, with multiple accusations of sexual harassment of a law intern, improperly taking on a paid private arbitration assignment and visiting Pakistan without permission as WBHRC chief.

Another key allegation against him is that he violated the Foreign Contribution Regulation Act (FCRA). Ganguly declined to comment on the allegations.The government said it has conducted an independent investigation and found that Ganguly, during his visit to Pakistan on June 3-6 earlier this year, was a “guest” of a Pakistani national named Faisal Siddiqui and stayed at the latter’s residence on Park Lane, Block 5 in Clifton, Karachi.

This qualifies as “foreign hospitality” to an Indian public servant under the FCRA Act for which prior permission needs to be taken from the Centre, the home ministry said.

Ganguly, who is a “public servant” by virtue of his position as WBHRC chief, didn’t seek permission from the Centre or leave from the West Bengal governor to visit Pakistan, the latter being required under Rule 6 of the West Bengal Human Rights Commission Rules.

Further, the home ministry said Ganguly’s air tickets were paid for by a private organization, Socio Legal Information Centre, based in Delhi. The home ministry also said Ganguly took paid employment when he conducted arbitration proceedings for the All India Football Federation while serving as WBHRC chairman, an offence warranting his removal by the President under Section 23 (2) (b) of the Human Rights Act.

Under this provision, the President can directly remove Ganguly from his post at WBHRC without sending a presidential reference to the apex court. All other allegations against Ganguly fall under the category of “proven misbehaviour” under Section 23 (1) of the same act, which necessitate a presidential reference to the apex court for an inquiry.

ET was the first to report on December 24 that the government was contemplating putting both options on the table but may play safe and opt for a presidential reference. This is what happened on Thursday. “The Union Cabinet has given its nod to the home ministry’s proposal for sending a presidential reference to the Chief Justice of India,” Finance Minister P Chidambaram told reporters after the Cabinet meeting. The reference will now go to the President who in turn will send it to the Chief Justice.