The Chief Justice read the mood of a post-Nirbhaya nation when he constituted a 3 member committee of 2 incumbent Chief Justices of India and a lady judge to enquire into the allegations against Justice Ganguly on the basis of a blog written by the victim. The victim as well as Justice Ganguly deposed before the panel and both had their statements video-recorded. The panel named Justice Ganguly as the accused on November 29 when it presented its report to the Chief Justice. The Chief Justice on December 5 put up a statement on the website of the Supreme Court which quoted relevant excerpts from the committee's report which established prima facie that an act of unwelcome verbal/non-verbal conduct of a sexual nature had been committed by Justice Ganguly.
Since the day his name was made public Justice Ganguly has steadfastly refused to resign. The tragic irony of the Chairman of a Human Rights Commission being not only accused of the grossest of violations of a young girl's rights but being indicted prima facie by a panel of his ex-colleagues is obvious to all of us except Justice Ganguly and a few of his ilk. He claims he was not being given a chance to defend himself. Indeed we have no less a person than the ex-speaker of the Lok Sabha saying on record that Ganguly should not be "harassed" until a "competent authority" finds him guilty. To this I reply: You are prevaricating, Sir - you HAVE been given a chance to put forward your defense to the panel of judges. You deposed and your testimony has been recorded. You were indicted because your defense was woefully inadequate and failed to convince the panel of the truth of your statements! Surely a panel of 3 of the most eminent jurists of India can qualify as a "competent authority"!
To further obfuscate matters you now question the motive behind a "confidential affidavit " being leaked. May I remind you Sir that the laws of our land seek to protect the confidentiality of the victim and NOT that of the perpetrator! The intern gave a sworn affidavit and an application for confidentiality which the panel agreed to in order to protect her- not to protect you. The committee's final report was given both to you and to her and she is free to do with it as she wishes. And yesterday this brave young girl decided that only the bare facts could finally remove the cloak of lies, counter-allegations and obfuscation that you have so conveniently created around this matter. And so she voluntarily chose to make the details public. Her agenda is simple- to let people finally know the truth about what really happened in your hotel room on Christmas eve last year. The truth which a panel of three judges of the Supreme Court have prima facie established.
The statutory post you occupy today does not behove a prevaricating sexual predator, Sir. For the last time - resign! Or this nation and its laws shall reclaim the sanctity of your chair.
The above letter has been written by Mahua Moitra, who is the General Secretary of the All India Trinamool Congress. The views expressed are her own.
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