Governtment likely to seek fresh inquiry against AK Ganguly

NEW DELHI:The government is likely to send a presidential reference to the Supreme Court within a week seeking a fresh inquiry against retired judge AK Ganguly, in order to proceed under the Human Rights Act to remove him as head of the West Bengal Human Rights Commission.

On Tuesday, the Home Ministry took up the matter with the Law and Justice Ministry, which would finalise the terms of reference to the top court in consultation with the Home Ministry.

Asenior Home Ministry official said it would brief the Prime Minister on the final reference before it is sent to the President and may also consult the National Human Rights Commission. “This process is expected to be completed in a week’s time following which the President will refer the matter to the Supreme Court under Section 23,” the official said.


Ganguly has refused to step down from his post after an apex court committee indicting him for “unwelcome behaviour” and “unwelcome conduct of sexual nature” with a law intern in a Delhi hotel late last year. “That is none of your business,” the former Supreme Court judge told a news channel in Kolkata on Tuesday, when asked if he would resign. He had previously denied any wrongdoing.

The government has also clarified that the Supreme Court will have to set up a fresh committee to go again into the allegations against Justice Ganguly as Section 23 of the Human Rights Act stipulates that the Supreme Court has to give a report to the President to remove any member of national and state human rights bodies on the ground of “proved misbehaviour”.

The government is also taking legal opinion on whether the existing apex court report is enough to form the basis for apresidential reference or the Delhi Police first needs to file a case. Delhi Police Commissioner BS Bassi meanwhile held a meeting with Home Secretary Anil Goswami on Tuesday.