The law intern, who levelled allegations against former Supreme Court Judge A K Ganguly of "unwelcome behaviour", has not joined the investigation despite repeated requests by the Delhi Police.
In a letter to BJP leader Subramaniam Swamy, the Home Ministry said the law intern was approached by the Delhi Police to indicate a suitable time and place "as per her convenience" for recording her account of the incident.
The law intern, who had made the allegations against Justice (retd) Ganguly of "unwelcome behaviour", had told Delhi Police on December 7, 2013 that she would indicate a convenient time upon her return from Bangalore, the Home Ministry letter dated July 2, 2014 said.
"Delhi Police has further informed that inspite of repeated requests, the woman complainant has not joined the enquiry and hence no further enquiry into the incident of alleged unwelcome behaviour of the former Supreme Court Judge was possible," it said, adding if she comes forward to join the enquiry, necessary action will be taken in the matter.
Delhi Police had also informed that the "available material" in the public domain on the issue was not sufficient to proceed with the filing of FIR under Section 154 CrPC (taking suo motto cognisance of an offence).
Swamy, after receiving the letter, tweeted "...So Justice Ganguly falsely defamed for his 2G Order?".
As the scandal broke out late last year, the Supreme Court formed a three-judge committee to look into the allegations.
The panel had held that the statement of the intern, both written and oral, had prima facie disclosed "an act of unwelcome behaviour (unwelcome verbal/non-verbal conduct of sexual nature)" by the judge with her in a hotel room in Delhi on December 24, 2012.
Ganguly resigned as chief of West Bengal Human Rights Commission in January this year.
