Additional solicitor general Indira Jaising, in her letter, suggested that the Prime Minister can request the President to make a reference to the Supreme Court for removing Justice Ganguly as head of the West Bengal Human Rights Commission (WBHRC).
"I have written a letter to the Prime Minister for initiating action for removal of Justice A K Ganguly as the chairman of WBHRC.
"It is for the Prime Minister and the Cabinet to decide and ask the President to make a reference to the Supreme Court for his removal," she told PTI.
The ASG said she has approached the Prime Minister with her letter after Justice Ganguly chose not to resign. She has requested the Prime Minister to initiate the due process of law for the judge's removal in order to maintain the institutional integrity of Human Rights Bodies.
"We will be sending a much-required signal to the country at large, that the rights of women matter and will be respected. It will also send a signal that 'be you ever so high, the law is above law' and most importantly, it will send a signal that those who are charged with the constitutional duty to enforce the law, must first live by the law themselves," she said.
A committee of three judges of the Supreme Court had indicted Justice Ganguly for "unwelcome behaviour" and "conduct of sexual nature" towards a woman law intern in a five-star hotel room in Delhi in December last year, prompting demands that action under criminal law should be initiated against him.
In her letter, Jaising said, "Sir, as is evident from the finding of the three judges committee there is a prima facie case of an act of unwelcome behaviour (unwelcome verbal/non verbal conduct of sexual nature) by Mr Justice (retd) A K Ganguly."
"As the additional solicitor general of India, it is my duty to defend constitutional values, one of the most fundamental of them being the right to non-discrimination based on sex.
India has made commitments to international bodies to protect the rights of women and have signed treaties such as CEDAW (Convention on the Elimination of Discrimination against Women) to advance the rights of woman. It is now time for us to redeem those promises, she said.
"You would agree that sexual harassment is gross form of violation of human rights. A person against whom there is an allegation of sexual harassment cannot be allowed to occupy the position of chairman of a Human Rights Commission without his name being honorably cleared. The office of chairman is an office of trust and is held only so long as the conduct is beyond reproach," the ASG said in the letter.
She referred to Section 23 of the Protection of Human Rights Act, 1993, which deals with the resignation and removal of the Chairperson or a member of the state commission.
"In view of the above mentioned provision of law, as well as the finding of the three judges committee, I believe it is my bounden duty to bring to your urgent notice that it will neither be in interest of the justice, nor in the interest of the Human Rights Commission, to leave the issue undecided.
"Hence, due process of law must be initiated by a reference to the Supreme Court of India so that we have a definite finding on whether misconduct has been committed by Justice (retd) A K Ganguly," she said.
"Thus, I request your good self to take necessary action requesting the President of India, to make a reference to the Supreme Court of India, under Section 23 (1A) to initiate the process of removal of Justice (retd) A K Ganguly from the post of chairperson, WBHRC. This is the only way to set 'due process of law' in motion," the ASG said in the letter.
Jaising said the judge in question is reported to have said that he will not resign since he had not been held guilty by a competent court of law.
"Others who have supported him have argued that he is entitled to 'due process' like any other individual. In my opinion, the higher the position you hold, the higher the standard of conduct to which you will be held, and in all fairness, having regard to the need to maintain the institutional integrity of human rights bodies, it would be expected of him to resign, especially after three judges of the Supreme Court had come to the prima facie conclusion that he has indulged in unwelcome conduct of a sexual nature verbal and non verbal," the letter said.
Justice Ganguly had expressed "shock" over the allegation and said he was "shattered".
"I am denying everything. I have told the committee that all the allegations levelled by the intern are wrong. I don't know how such allegations have been levelled against me," he had said, after his name was made public.
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