Ganguly case: Govt to take call tomorrow on presidential reference

The government is likely to take a decision tomorrow on sending a Presidential reference to Supreme Court for conducting a probe into allegation of sexual harassment against Justice (retd) A K Ganguly.

"The Home Ministry will place a note before the cabinet tomorrow (to discuss the issue of sending Presidential reference in Ganguly case). The cabinet will take a call," Home Minister Sushilkumar Shinde told reporters here today.

The Home Ministry will also place the views of Attorney General G E Vahanvati, who has noted that a case can be made out against Ganguly following allegations of "unwelcome behaviour" towards a woman law intern.

Sources said once the Cabinet clears the proposal, it will be sent to President Pranab Mukherjee for approval.

Since the President can only act on the advice of the Union Cabinet, he had referred the matter to the government. Once the Cabinet gives its nod, the reference will be sent to the President, who will then send the matter to the Chief Justice of India seeking a probe into the issue based on the three points raised in the reference.

The Attorney General's suggestions came after his views were invited on a letter to the President by West Bengal Chief Minister Mamata Banerjee seeking Ganguly's removal from chairmanship of West Bengal Human Rights Commission following the intern's allegation of sexual harassment.

Justice Ganguly has strongly denied the charge and refused to quit his post.

Sources said the Attorney General had been asked to give views on whether any case can be made out on three issues -- allegation of sexual harassment against Ganguly, his visit to Pakistan without informing the West Bengal government and taking an assignment of arbitration from All India Football Federation despite holding a high post of human rights body.

The Protection of Human Rights Act is clear that a chairperson or member of NHRC or a state human rights commission can only be removed "by order of the President of India on the grounds of proven misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has, on enquiry... Reported that the Chairperson or the member, as the case may be, ought on any such ground to be removed".