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?