Thursday, January 23, 2014
Union Cabinet clears Presidential Reference in Ganguly issue
The Union Cabinet gave its nod for making a Presidential Reference to the Supreme Court for removal of Justice A.K. Ganguly as Chairperson of the West Bengal Human Rights Commission.
The process will be set in motion once the Reference under Article 143 is sent to the court for its advisory opinion. Under Article 143, the President may refer a dispute of any kind to the Supreme Court for its opinion and it may, after a hearing as it thinks fit, report to the President.
The Terms of Reference are: will the prima facie indictment by a three-judge probe panel that Justice Ganguly made ‘unwelcome sexual advances’ towards a law intern amount to proven misconduct? If the answer is ‘yes’, can it be a ground warranting his removal under Section 23 (1A) of the Protection of Human Rights Act?