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In the wake of fresh revelations in the sexual harassment case against Justice A K Ganguly, BJP leader Arun Jaitley today said since these are not "untested allegations", he should resign as chief of the WBHRC to protect the dignity of the office.
In his latest Facebook post, the Leader of the Opposition in Rajya Sabha said, had the charges against the former Supreme Court judge been untested allegations, he could have taken a stand that the law will take its own course and he would quit only if found guilty.
Jaitley said according to media reports, a three-judge inquiry committee constituted by the Chief Justice of India had found prima facie substance in the intern's complaint against Justice (retd) Ganguly.
"There is reason to believe on the basis of the report of the three judges that an offence could have been committed. Since this involves a former judge of the Supreme Court, who is presently the Chairperson of the West Bengal Human Rights Commission, a person in a high position, Justice Ganguly, like Caesar's wife, must be above suspicion," he said.
Jaitley maintained that since Justice Ganguly was suspected of committing an "unacceptable offence," his insistence on continuing in office raised some questions.
"Firstly, if it were a case of a prominent politician rather than a former judge, would the judicial institutions have completely washed their hands of or would they have monitored the investigations?" he said.
Since a former judge of the apex court is involved, the standards of judicial scrutiny should be higher than normal, Jaitley said.
He also asked how Justice Ganguly could discharge his duties as WBHRC Chairman in the wake of such allegations.
Jaitley suggested that it would be "fair and proper" if Justice Ganguly contests the allegations as an ordinary citizen rather than a high functionary.
"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 political positions, continue to stick to their office till the intensity of public opinion forces them out," Jaitley said.
Excerpts of an affidavit by the law intern, who has accused Ganguly of sexual harassment, have been made public by Additional Solicitor General Indira Jaising. Justice Ganguly has denied the charge.
