Justice Ganguly asked me to share room with him, kissed me, says law intern; how can ASG release affidavit, asks former SC judge

New Delhi/Kolkata: Excerpts of an affidavit by a law intern, who has accused former Supreme Court judge A K Ganguly of sexual harassment, have been made public in an unusual step by Additional Solicitor General Indira Jaising, triggering fresh demands for his resignation as chairman of the West Bengal Human Rights Commission (WBHRC).

In her affidavit to a three-judge panel set up by Chief Justice of India P Sathasivam to go into her allegation that Justice Ganguly had sexually harassed her in a hotel room on December 24 last year, the intern has desribed in detail his alleged behaviour when she had gone to assist him in his work.

Justice Ganguly, who has strongly denied the allegations and refused to step down as WBHRC chief, raised questions on how a confidential statement can be made public on Monday. 

"That is supposed to be confidential as it was given beore a Supreme Court committee. How can it come out in the open? he told reporters in Kolkata when asked about Jaising going public with the intern's affidavit."

"What can I do ? Who is listening to me ? he said on being asked whether he would file a complaint on the issue. Jaising said that she had made the excerpts public with the full support" of the intern and if Justice Ganguly refused to resign, then the process should be initiated for his removal by the President of India. She has written to Prime Minister Manmohan Singh in this regard.

The ASG said she would like to state "very unambiguously that whatever I am doing, I am doing with her (intern's) complete cooperation and keeping her in the loop and I would never ever make a document like this public unless I had her full support".

As pressure mounted on Justice Ganguly to resign, Law Minister Kapil Sibal said he was waiting to see when the apex court "rises to the occasion" to deal with the issue.

"Waiting to see when and how the Supreme Court rises to the occasion to deal with Justice Ganguly," Sibal tweeted.

Later, talking to reporters outside Parliament House, Sibal hoped that the apex court would act on the issue as soon as possible.

"We have faith that Supreme Court will take the strictest possible action for women's security whoever may be the person be it the retired judge of Supreme Court or anybody else," the Law Minister said.

Leader of the Opposition in Rajya Sabha Arun Jaitley said on the basis of the apex court panel's report, there is reason to believe that an offence could have been committed.

"If he were to relinquish his office, he would only be protecting the dignity of the office that he occupies. His decision to cling on to his office only establishes that even judges like most in the political positions continue to stick to their office till the intensity of public opinion forces them out," Jaitley said on his Facebook post.

The intern had given her statement to the apex court panel besides giving to it affidavits of witnesses to whom she had spoken immediately after the incident.

The panel had video recorded Justice Ganguly's statement in which he denied the allegation of any sexual harassment.

However, the panel had indicted him by holding that the statement of the intern, both written and oral, had prima facie disclosed "an act of unwelcome behaviour (unwelcome verbal/non-verbal conduct of sexual nature)" by Justice Ganguly with her in the Le Meridien hotel room approximately between 8 pm and 10.30 pm.

In her affidavit, the intern stated that the judge had called her to the hotel room on Christmas eve to complete a report relating to the All India Football Federation (AIFF).

"The judge informed me that the AIFF report had to be submitted the next morning and asked me to stay at the hotel and work all night. I declined and told him that I had to finish the work quickly and return to the PG accomodation," Jaising quoted from the intern's statement.

At one stage, the judge took out a bottle of red wine. "He also said that since I had had a long day, I should go into his bed room and relax while drinking some wine," the intern said. The intern said she felt uneasy, unsettled and disturbed by the judge's suggestion.

"You are very beautiful," the judge went on to tell her. "I immediately rose from my seat, but before I had a chance to respond to the statement, he caught hold of my arm, saying, you know that I am attracted to you, don't you? ... but I really like you, I love you. When I tried to move away, he kissed my arm and repeated that he loved me," the intern said.

Jaising said she had expected Justice Ganguly to step down "voluntarily".

His refusal to resign has "compelled" her to take this course of action, the ASG said. "In my opinion, people like Justice Ganguly must quit," she said, adding, "I think what shocks me more than anything else is that how one can be totally unaware of what people do in the public domain and what they do in their personal lives, hoping that no one will ever get to know".

Trinamool Congress leader Derek O'brien said Justice Ganguly has no place to hide.

The judge should resign and should be arrested, he said, asserting that he will raise the issue in Parliament. Samajwadi Party leader Naresh Agarwal said law must be equal for all.

"Why cannot a case be filed against the judge? If cases can be filed against politicians and journalists, why not Justice ganguly ? he asked. CPI leader D Raja stressed that Justice Ganguly should quit from his constitutional position.

"It is better to uphold the judicial prudence and the value in public life. Ganguly has to go," he said.