The Gangunruly Case

Sexual misconduct of any nature against women or any individual for that matter is a heinous and a highly condemnable act.  Especially sexual misconduct by people in position of power and influence is even more condemnable though unfortunately such incidents are on the rise. Sports-persons of repute, high ranking politicians, high ranking public officials and people from many other walks of life have been found guilty of such acts. 

In recent times India has noticed two such high profile cases almost in succession. First was that of Tarun Tejpal the editor in chief of Tehelka and Justice AK Ganguly the former judge of the Supreme Court of India. My interest gets drawn particularly towards Justice Ganguly’s case due to many interesting facts that I managed to discover amidst the media frenzy and the deafening cry to have his head. I am neither a lawyer nor do I have a legal opinion about the matter. All I wanted to do was present some facts without having to conclude or take any side.

Aug 2010 - Subramanian Swamy files PIL against telecom licenses in Supreme Court - Prashant Bhushan also files a PIL

Characters Involved:

•  Supreme Court Bench: Justice GS Singhvi and Justice AK Ganguly
• Accused: A Raja, K, Kanimozhi etc.
• Who represented whom?
• Ram Jethmalani argued for Kanimozhi
• Harish Salve argued for  Telecom Operators
• Government of India:  Additional Solicitor General Indira Jaisingh

Feb 2012: Bench of Justice GS Singhvi and Justice AK Ganguly cancels 122 telecom licenses and asks for a fresh auction.

Feb 2012: Justice AK Ganguly retires

Dec 2012: The supposed law intern sexual assault takes place

May 2013: ASG Indira Jaisingh on behalf of GOI files a request to review the Feb 2012 ruling by SC 

Nov 2013: Tehelka Editor in Chief Tarun Tejpal gets arrested after information about sexual misconduct leaks out to the media

Nov 2013: Law Intern blogs and indicates sexual misconduct of AK Ganguly 

Dec 2013: Government of India (Congress/UPA) moves Presidential Reference against AK Ganguly

Jan 2014: AK Ganguly resigns from the post of WBHRC

I would end this blog with few statements made by various people in relation to this matter:

Soli Sorabjee : if Justice Ganguly resigned on merely allegations made against him and when he found no merit in them, it would set a "dangerous precedent".

Somnath Chatterjee The manner in which Ganguly had to step down was not only unfair and objectionable but also unconstitutional. He was denied a fair trial and the entire episode smacks of a pre-planned conspiracy. This was done at the behest of some powerful quarters. It is a wrong precedent in our country’s legal system

Subramanian Swamy: Anyone can make allegations. Why should Justice Ganguly resign? There is no FIR. The law intern has only made allegations. Justice Ganguly shouldn't resign on the basis of allegations

Indira Jaising: When a person is holding a position of trust then even on slightest suspicion of misconduct which may amount to crime later, the person concerned should resign immediately

Harish Salve: Our judges are supposed to be worthy of being worshipped. The interns who work under Supreme Court judges consider them as hallowed beings. Now for a person to function in such a situation (when he is an accused) does not do well for himself or to the institution. If he wants he can go on leave. The institutional integrity should be preserved and the WBHRC head must step aside,