Sexual assault accusation: Justice Ganguly resigns from WBHRC

January 6, 2014

Kolkata, Jan 6: Former Supreme Court judge, Justice A.K. Ganguly, who has been accused of sexual assault by a law intern, resigned on Monday from the West Bengal Human Rights Commission (WBHRC).

Earlier on Monday, Justice Ganguly had distanced himself from a public interest litigation (PIL) petition that was filed in the Supreme Court supporting him.

ganguly

The PIL was filed by Delhi-based doctor M Padma Narayan Singh in the Supreme Court, seeking a direction to restrain the government from taking any action against Justice Ganguly. But the Supreme Court rejected the petition on Monday.

The petitioner had also sought a quashing of the report in which a three-member panel of Supreme Court judges indicted Justice Ganguly for unwelcome behaviour against the woman law intern.

The three-judge Supreme Court committee probing the complaint filed by the law intern against Justice Ganguly said that there was prima facie evidence.

The three-judge panel, which heard testimonies submitted its report to the Chief Justice of India, P. Sathasivam, naming Justice Ganguly as the accused.

It is the first time that the Supreme Court has set up an internal inquiry into sexual harassment allegations against a presiding or former judge.

Justice Ganguly is the Chairman of Human Rights Commission in West Bengal and has presided over numerous cases involving crimes against women during his career as a judge.

The intern’s allegations created a media furore -- with female lawyers, politicians and activists calling for the country’s top court to investigate the incident and for the accused judge to be named publicly.

The case is one of a small but growing number in which victims of alleged sexual harassment have come forward to complain about powerful male superiors.

Activists say sexual harassment and abuse by powerful and privileged men is widespread in India, but few women have been willing to talk about it.

Ganguly undecided on resigning, dissociates from SC petition

Amid speculation that he is likely to resign as chairperson of the West Bengal Human Rights Commission (WBHRC) Justice (retd) Ashok Kumar Ganguly maintained his earlier stand on the issue on Monday.

Speaking to The Hindu Justice Ganguly said that he is “yet to decide” on his resignation from the WBHRC.

The retired Supreme Court judge who was in New Delhi on Sunday returned to the city early in the morning and attended office at the State’s human rights panel.

Asked about the comments made by Soli Sorabjee, former Attorney General that he is contemplating resigning from WBHRC Justice Ganguly replied, “I will not comment on the issue”.

Justice Ganguly dissociated himself from the petition filed in the Supreme Court to restrain the Centre from removing him as the chairperson of WBHRC. “I have nothing to with it (the petition)”, he said.

In a petition moved before the Supreme Court last week, the petitioner had alleged that Justice Ganguly was a victim of a conspiracy because as an arbitrator he had decided on a matter between All India Football Federation and Mohan Bagan, a prominent sports club of city.

“I am a supporter of Mohun Bagan. I have nothing against the club,” Justice Ganguly said.

Ever since the three -judge panel of the Supreme Court held last month that allegations of sexual harassment by a woman law intern against him disclose prima facie an act of unwelcome behaviour Justice Ganguly has been under pressure from several quarters to quit as the chairperson of WBHRC.

Earlier this month the Union Cabinet gave its nod for a Presidential Reference to the Supreme Court to remove him from the State’s human rights panel.

SC dismisses PIL to say proceedings

Earlier, the Supreme Court on Monday refused to entertain a PIL seeking its direction to stay all proceedings against its former judge A K Ganguly, who is facing allegations of sexual harassment.

A bench of Chief Justice P. Sathasivam and Justice Ranjan Gogoi dismissed the PIL, saying that it cannot interfere in the issue at this stage and law will take its course in the matter.

“We have gone through every word of your averments and prayers. We are not inclined to go into it. Its too early to say anything about it,” the bench said, adding that “let the law take its own course“.

The court was hearing a PIL, filed by a woman doctor and Delhi resident M Padma Narayan Singh, seeking quashing of the complaint on which a three-member panel of apex court judge indicted Justice Ganguly, Chairman of West Bengal Human Rights Commission, for unwelcome behaviour against a law intern.

The petitioner, who is a senior citizen, alleged that Ganguly has become a victim of conspiracy as he, as an arbitrator, had decided a matter between a prominent football club of Kolkata and All India Football Federation (AIFF) in which the intern had also participated.

The bench also dismissed another similar PIL filed on the issue.

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News Network
August 3,2020

Indore, Aug 3: In a bizarre development, the Indore Bench of the Madhya Pradesh High Court has granted bail to an accused in a sexual harassment case on the condition that he will request the victim to tie a ‘rakhi’ on him with a promise to protect her “to the best of his ability for all times to come”.

Justice Rohit Arya on July 30 also ordered the man to pay Rs 11,000 to the complainant as a “customary ritual usually offered by brothers to sisters” on Raksha Bandhan and seek her blessings while visiting her with his wife and a box of sweets. “The applicant shall also tender Rs 5,000 to the son of the complainant for purchase of clothes and sweets,” the order said.

The court directed the accused to take photographs and receipts of payment made to the victim and her son, which should be filed through his lawyer for placing on record of the case before the Registry.

The victim, a resident of Ujjain district, had alleged that her neighbour, Vikram Bagri, entered her house and sexually harassed her on April 20. The police registered a case under Sections 452 (House-trespass after preparation for hurt, assault or wrongful restraint), 354 (A) (Sexual harassment and punishment for sexual harassment), 354 (Assault or criminal force to woman with intent to outrage her modesty), 323 (Punishment for voluntarily causing hurt) and 506 (Punishment for criminal intimidation) of the Indian Penal Code.

The order said the man, in jail for more than two months, was released on bail, on furnishing a personal bond of Rs 50,000 with “one solvent surety in the like amount to the satisfaction of the trial court, on the condition that he shall remain present before the court concerned during trial,” and comply with conditions under Section 437 (3) of CrPC, along with other conditions.

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News Network
July 11,2020

Kochi, Jul 11: Johnny Paul Pierce's five-month stay in Kerala has been a soul-soothing experience for 74-year-old US citizen. He now wants to spend the rest of his life here.

"Kerala is a beautiful place to live in. This is my fifth trip here. I usually stay here for six months. It is such a magical place to be and I want to share that with people from the US," Pierce told ANI.

He came to India on February 26 on a tourist visa and is staying at Kandanadu in Kochi.

According to Pierce's Advocate, his tourist visa is valid up to January 26, 2025. But on this visa, he can only stay consecutively for 180 days.

The guidelines of the Indian government permit continuous stay for only 180 days for foreigners on tourist visas. His 180 days were set to expire on August 24, which the Foreigner Regional Registration Office (FRRO) extended to August 30.

The US citizen has approached the Kerala High Court seeking to convert his tourist visa into a business visa. The petition will be considered next week.

Pierce has sought a directive to the government to permit him to apply for the conversion of his tourist visa into a business visa and also to extend his stay, without having to leave the country.

"I am making a petition for an extra 180 days to stay. And I would also like to get a business visa in order to begin a tour company to bring people from the US to Kerala after the coronavirus. I wish my family could also come here. I am very impressed with what's is happening here. People in the US don't care about COVID-19," he said.

He talked about the risk of going back to his home country saying, "There are only 27 deaths in Kerala and in the US there over 1.3 lakh deaths. I do not want to go back to the US. I am 74 years old and I am at risk. This is a very safe place for me. I hope India embraces and allows me to stay."

"There's chaos in the US due to COVID-19 and government is not taking care like India. I want to stay here," he added.

Pierce further talked about his future plans, saying that if he is allowed to stay, he would like to lease a small resort and make a retirement community, which will be a COVID free zone.

Lastly, he made an appeal to the Indian government to let him stay in India saying that "all the immigration rules were made before COVID-19."

"There should be special consideration for people like me," he added.

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June 8,2020

New Delhi, Jun 8: Delhi Chief Minister Arvind Kejriwal has announced that malls, restaurants and religious places in the national capital would open from Monday after more than two months since the coronavirus-induced lockdown was imposed, but banquet halls and hotels would remain closed.

At an online briefing on Sunday, Kejriwal said hotels and banquet halls might be converted into hospitals in the coming days to treat coronavirus patients and therefore, they would remain shut.

"Malls, restaurants and religious places will be opening from Monday in Delhi in accordance with the Centre's guidelines," he said.

The city government will comply with the instructions of the Centre and its experts like maintaining social distancing and wearing of masks at these places, Kejriwal said.

"In view of the rising number of coronavirus cases, we might attach hotels and banquet halls with hospitals and convert them into hospitals. Hotels and banquet halls will not be opened for now," he said.

The Centre had said on May 30 that "Unlock-1" would be initiated in the country from June 8 and the lockdown would be relaxed to a great extent.

The Delhi government also issued an order allowing opening of restaurants, shopping malls and places of worship except in the COVID-19 containment zones, "subject to compliance with the Standard Operating Procedure (SOP) issued by the Ministry of Health and Family Welfare".

Kejriwal urged the elderly people, who are at a higher risk of contracting the coronavirus, to confine themselves in a room and not to interact with even the family members in order to protect themselves.

Delhi has so far registered over 27,500 coronavirus cases, including 761 deaths.

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