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The hopeless judgment of Supreme Court in Justice Ganguli case


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Author: Member Level: Diamond    Points: 50


This is highly regrettable that even when accused of sexual harassment, Justice Ganguli is standing with his head held high and not tendering his resignation from his position of the chairperson of the West Bengal Human Rights Commission. The question crops up, when this matter did not fall into the orbit of the Supreme Court, why at all did it take this up to deliberate upon on the first hand? The best that it could have done was to have kept mum and let the law take its course.



This is surprising that the Supreme Court investigated the conduct of Justice Ashok Kumar Ganguli, found him guilty of misconduct and now the Chief Justice is saying that taking action against him does not fall within the administrative sphere of Supreme Court. The question is why did you investigate this affair on the first hand if this was not under your domain? It should have kept silent and let the machinery of law work on its natural course. Now the validity of this judgment of SC could be challenged. It might well have been, when this matter landed on the tables of the Supreme Court, it felt its prestige crumbling down.

Big slur on the highest court of law of land


Supreme Court is the highest court of the country, therefore, its judgment is considered to be the ultimate. No sexual exploitation allegations on a Supreme Court judge evr before this incidence were ever heaped upon before the present case. The accusation on Justice Ganguli was of a serious nature. The young woman pointing her accusing fingers towards Justice Ganguli is the member of the same community. Hence, the issue gets more serious. Therefore, the Chief Justice thought it better not to let this muck stick on the face of the highest court of the country. He constituted a three member committee to examine the matter. This line of work is that of Police and not certainly of the job of a courtroom. The work of investigations comes within the area of police and its work it is to bring the culprits to court. The Supreme Court could not digest the situation of a police inspector probing the conduct of a justice of the Supreme Court. It handed over the job of investigating the conduct of a family member of its own to its three members hailing from the family. Probably the CJ has had hopes that the allegations of sexual misdemeanour against Justice Ganguli were false or the accuser girl misconstrued the entire episode.

Misconduct of Justice Ganguli


Justice Ganguli is a strange man. Would not he be remembering what he must have done with the woman in question? Had he sought for an apology from the girl, she would have granted it and the matter could have ended there and then. Nonetheless, he spoke lies and stuck with it. Our police also uses handcuffs after seeing the faces. Due to the fact that you are or were a justice does not catapult you above the law of land. If you have violated any section of Indian Penal Code, jail is your rightful place. Police does not an iota hesitate in arresting and lodging in their vans the lawmakers break laws. Why was a mistake committed in this case? This is also astounding, when all the investigations were running confidentially, how the name of Justice Ganguli sprang up on the tongues of all and sundries? This is injustice meted out to Justice Ganguli.

The accused heads Human Rights Commission in West Bengal


Justice Ganguli is the chairperson of the West Bengal Human Rights Commission. This is also an irony of fate that the person appointed to safeguard the people of a state with 10 crores of the population is himself accused of oppressing human rights of a woman. The evidence is still to come whether this victim woman in question had opposed while the misdeed by the justice was being perpetrated on her. It would have made the investigation of allegations easier to prove had she opposed then and there. Several critics have passed derogatory comments on her for having been quiet for so long. They have this to say that the victimized girl of the Tehalka fame had immediately informed of the story of her offense to the managing editor of her publication requesting for the justice to be done for her. This was the reason the emperor of journalists Tarun Tejpal is in police custody at the moment. Had the victimized intern been vociferous, the justice would have been relieved of his judicial work then and there.

Voices of exploitations should be brought forward in time by the exploited


Proper is this to raise voices immediately after the occurrence of sexual harassment or any other crimes. Later, complaints should be lodged with the police, Human Rights Commission and women’s rights commission, etc. If opposition to injustice is not immediately made, it carves out a place of its own and the victims are compelled to live a life full of suffocation and ignominy squirming for the rest of her life. This is an additional disadvantage with the women of the society that people raise their pointed fingers to them even when the faults lie with men. People begin searching reasons for rape or sexual exploitation, putting the entire blames on the victim women- why at all did she go, why had she worn such provocative dress, did she not know the nature of that man, when once she was misbehaved, she must not have gone again, etc. However, when the matter is connected with job, livelihood or the educational degree that forms the grounds of livelihood of a girl, judging is not that easy as those critics think it to be. The women should not be preached what to do and what not in such matters. Every woman has a different situation and this assessment should be left on her. Naturally, such an environment should be created in which they might feel emboldened to come out in the open voicing for justice to be meted.

Enfolding


Nevertheless, the internal dilemma of Justice Ganguli on this matter is useless. He should have tendered his resignation from the position of the chairperson of West Bengal Human Rights Commission immediately after this matter came to the surface. For the umpteenth times over, he said he was not in a position to comprehend whether he should resign or not. In my opinion, his duty is very distinctly clear. Now the report of the probe committee has also reached. Chief Justice has expressed his opinion. Now dilly-dallying the resignation even for a minute is like thumping the dagger on the back of self respect. Our judges take 5-10 years in delivering their judgments on matters. At least they should deliver the judgment quickly in their respect.


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