TOI sources: SJ deposed she was offered wine before rejecting AK Ganguly’s advances in Delhi 5-star on Christmas Eve, has evidence

The Times of India today revealed further details of the sexual harassment allegations made by a former intern (“SJ”) of ex-Supreme Court Justice AK Ganguly.

Citing sources close to SJ, the TOI wrote that she had told the three-judge inquiry that Ganguly had “made advances towards her despite her clear disapproval, and asserted that she had evidence to back up her charge”.

The TOI described how in her account to the panel of three Supreme Court judges and subsequent affidavits, she alleged that Ganguly had repeatedly requested her to come to the central Delhi five-star hotel where he was staying in December 2012.

Ganguly was in Delhi as a “one-man committee” for the All India Football Federation (AIFF) in an inquiry into football violence during a Mohun Bagan and East Bengal match, wrote the paper.

SJ had accompanied him as a research assistant from Kolkata; Legally India understands that she had stayed at a hostel in Delhi during the assignment.

The TOI wrote that SJ “alleged that after AIFF officials left the [hotel] room, Justice Ganguly offered her wine while himself having a few glasses saying it was customary to drink wine on the eve of Christmas”:

In her affidavit, she gave a detailed account of how the retired judge made advances towards her despite her clear and vocal disapproval of his conduct. She alleged that after she rushed out of the hotel room, the retired judge followed her down to the lobby uttering apologies… The law graduate claimed that she had evidences to back her allegations.

After the apex court released his name last Friday, Ganguly denied that he had sexually harassed any interns and said he was a “victim of circumstance”. He also told The Hindu yesterday that he had not yet taken a decision on whether he would step down as chairman of the West Bengal Human Rights Commission (WBHRC).

SJ had said in an interview with Legally India on 11 November that she and other interns had been harassed by an unnamed former Supreme Court judge, which was partially corroborated by a second former intern of Ganguly’s on Facebook. The second intern also claimed that after berating Ganguly for his alleged sexual harassment of SJ, the judge had promised never to “misbehave with another lady” again.

SJ had deposed before a three-member judicial inquiry looking into the matter, which held seven meetings, and submitted three affidavits, according to a court official’s statement on Friday.

Former Chief Justice of India (CJI) Altamas Kabir and former solicitor general Soli Sorabjee have come out in public support of Ganguly, while West Bengal’s Trinamool Congress party officials, the BJP, senior lawyers and protests outside Ganguly’s office have made calls for him to step down from the WBHRC or for a criminal inquiry to start.

Comments

Jury 4 Dec 2013, 06:49
+7 -10
Why SJ has not submitted the so-called evidences before the committee. Why is she choosing to release statements and evidences in instalment.

Has someone become a political puppet, used to settle old scores.
Guest 4 Dec 2013, 07:04
+4 -2
Oh good lord. People like you!
Confused Zeus Says . . . . 4 Dec 2013, 07:29
+7 -0
The newspaper reports mentions that the judge followed her from the hotel room to the lobby uttering apologies. This can easily be validated from the hotel's security cameras.
Dazed and Confused 4 Dec 2013, 07:34
+14 -5
SJ is looking less and less credible with each "revelation." I have yet to see a single allegation of actual physical contact with the accused. By SJ's own description she was able to leave the room at her choice.

Sure, she has every right to feel uncomfortable and reject a proposal. But where's the allegation of actual harm? Even if we take every allegation as true, we've got nothing here besides an embarrassing moment.

He didn't employ this woman. He did not touch or restrain this woman. So what if he's old and retired? It's a free country and even the old have the right to make a pass.

She's of course free to reject his offer and mention it to whomever she wishes. But really, she's looking more and more like someone with an agenda. That agenda may simply be a function of her immaturity, where she can't differentiate between and actual harm and the kind of uncomfortable proposal that every adult - male or female - may face from time to time. Perhaps she thinks these urges should disappear with age or title.

But as it stands, it looks as if she got upset that Santa Claus offered her a drink and an opportunity to get warm by the fire. According to the published allegations she said "no" and exited and the accused accepted "no" and tried to smooth over the inevitable social embarrassment such an episode would cause for anyone.

Based on the allegations so far this is leagues away from the allegations in the Tejpal case. It is deeply troubling that such thin allegations can create such a furor.

If SJ doesn't proffer some more substantial information her claims will start to look like mere prudery and potentially motivated character assassination. Her vagueness is damaging the genuine need to broach these issues.
kianganz 4 Dec 2013, 10:06
+1 -9
Is this the 'real' Dazed & Confused or an 'imposter'? Hard to tell these days. D&C, if you're bothered about others appropriating your handle, please send us a suitably worded email (can use the About & Contact link above for anonymity) with a password you'd like to use, and we'll create an account for your to give you exclusive use over Dazed & Confused. Or you can create an anon Gmail account and sign-up to LI with that.

You'll also get benefits of your posts going up without prior moderation and notifications on responses. And you get to pick a suitably vicious looking display profile pic... Just sayin'... :)
X 4 Dec 2013, 07:44
+0 -1
why is this breaking news? LI is not the first one to publish
kianganz 4 Dec 2013, 09:57
+1 -3
We never claimed to be the first to publish... Breaking doesn't denote exlusivity, just timeliness (and usually also that something is fairly big news, in our humble editorial estimation).

And considering how TV news are happy to splash 'breaking' over whatever is currently on screen, our usage of the word shouldn't be too unusual, should it?
disagree 4 Dec 2013, 11:59
+0 -1
Maybe you don't claim it but you try and project it. In fact all major new outlets are quoting LI on this story but it was Lawctopus that broke the story first. Also, you coverage is biased because you are silent on the Ishwara Bhat link. You only pretend you are very bold and impartial but you are like Tehelka.
disagree with disagree 4 Dec 2013, 13:10
+0 -1
In popular journalistic usage, "breaking" and "exclusive" are very different tags. No channel claims something "breaking" is exclusive........and no channel/mag/paper will tag a scoop as merely "breaking".......they WILL use the tag "exclusive" for their own scoops.

For example, when an event like Mumbai terror attacks happens, EVERY single news channel will be reporting the same news and they will all bear the tag "BREAKING". Surely, you don't think they all believe that to be their exclusive scoops??? But they will ALL report it using the "breaking" tag nonetheless cos the news is VERY IMPORTANT or VERY INTERESTING or DOWNRIGHT SENSATIONAL STUFF :-)
@ 4.1.1 Disagree 5 Dec 2013, 06:16
+0 -0
I think you are sleep deprived (or dumb) because others were not misled by "Breaking", unlike you! [b]Breaking [/b] means hot news and [b]Exclusive[/b] suggests a scoop.

Btw, do you write to newspapers when they claim a scoop, but copy a story?
Mitra 4 Dec 2013, 09:17
+2 -4
@Dazed and confused

No wonder you are dazed and confused! Instead of acting wise and offering so much bunkum commentary, did you actually ever read her interview? She doesn't say it was merely a verbal pass, she said he physically restrained and molested her - "not physically injurious and violating nevertheless". It is enough to put people in jail for a VERY long time in a country like USA where sexual offences against women are taken seriously, I don't know about Indian laws. Nothing wrong in making a pass at a woman your grand daughter's age who has come to work for you as an intern? Living abroad, I hear India has been making progress, but didn't guess the extent of such progress till now!
Dazed and Confused 4 Dec 2013, 10:34
+6 -3
Dear Mitraji - Enjoy your time abroad. Even in India we usually need facts to provide a basis for legal relief. SJ so far has been unfortunately wanting in this regard. A broad assertion of being "molested" is by itself not legally valuable.

SJ allegedly went to some sort of law school. Her allegations wouldn't qualify for issue-spotting in a properly drawn exam. There are uncomfortably vague facts, a lack of actionable language and a sense that her perception of the judge - older, a father figure - significantly coloured her reaction. It reads more like an update of "A Passage to India" than grounds for an complaint.

One doesn't diminish her discomfort, or discount a crime, if we acknowledge there can be a difference between sexual assault or harassment and a guy getting a little "handsy." One requires official action and the other is just creepy.

The Tehelka complainant made detailed factual assertions that provided adequate basis to believe a crime had been committed. SJ has been almost coy in doling out information. She should have the bravery of asserting sufficient facts. Being a crime victim is not a cause for shame. Her fuzziness is leaving her open to reasonable suspicion that her motives are not what she claims.

SJ is allegedly a lawyer. Let her speak like one, let her act like one, and let her step up like a professional rather than an offended school girl. She is not conducting herself in line with her professed purpose. And by that she is damaging the cause of everyone who cares about the safety and dignity of women.
Handsy anyone?! 4 Dec 2013, 10:56
+4 -4
So, Mr. DC... what would you call mere 'handsy'? Please describe.

Groping? Touching? Caressing? Or, as Tarun Tejpal put it, "fingertips"?! Sounds like you are used to being "handsy" and winking/smiling to get out of wherever you get stuck? Wowww.

A little Handsy is just creepy, sexual assault is not.. Wowwww again!

SJ has been coy becoz pervs like you are awaiting to derive voyeuristic joy out of her plight.

So much English. So little sense.
Guest 6 Dec 2013, 06:10
+0 -0
[quote name="Dazed and Confused"]Dear Mitraji - Enjoy your time abroad. Even in India we usually need facts to provide a basis for legal relief. SJ so far has been unfortunately wanting in this regard. A broad assertion of being "molested" is by itself not legally valuable.

SJ allegedly went to some sort of law school. Her allegations wouldn't qualify for issue-spotting in a properly drawn exam. There are uncomfortably vague facts, a lack of actionable language and a sense that her perception of the judge - older, a father figure - significantly coloured her reaction. It reads more like an update of "A Passage to India" than grounds for an complaint.

One doesn't diminish her discomfort, or discount a crime, if we acknowledge there can be a difference between sexual assault or harassment and a guy getting a little "handsy." One requires official action and the other is just creepy. [/quote]

A little Handsy!!
Honorable AMS 4 Dec 2013, 10:19
+1 -0
While they (the Honorable SC's Committee) are at it .. should they not be given a copy of the AMS Tapes and the b i Z a r r e judgment of the Delhi HC in that matter?!?!

There was obvious illegality there, prima facie - the whole deed was within the Court premises, the 'players' are identifiable And the history between/regarding the two is easily verifiable.

To my mind, that is in No way, a mere private act between two free souls.

Shri Justice Sathasivam, Your Honor, Lord, Glory, Bhagwan/Allah/Jesus - are you listening, or is AMS too high up with the first family?!!
Sarci 4 Dec 2013, 11:12
+3 -5
WHERE is the SO CALLED EVIDENCE?
IT has become fashionable to cry HE MOLESTED ME... and then SOAK IN THE MEDIA SUNSHINE...

Shameful! Disgusting!
Anti-Sarci 6 Dec 2013, 10:31
+0 -1
[quote name="Sarci"]WHERE is the SO CALLED EVIDENCE?
IT has become fashionable to cry HE MOLESTED ME... and then SOAK IN THE MEDIA SUNSHINE...

Shameful! Disgusting![/quote]

Listen, at least attempt to hide the voyeur in you. Who are you to ask for or be provided any evidence. She must have submitted available material to SC committee and on that basis the committee has made its observations, which are now in public domain. Do you also want to see the camera footage inside the lift and only then be satisfied that the girl is 'not lying'?
shanker bhat 4 Dec 2013, 12:05
+3 -4
whole thing looks like somebody is trying to play some mischief. how facebook writing came to light unless some one searched for something planted there? Nothing concrete was written to indicate how "sexual harassment" was meted out. Is it an attempt to cow down bold judiciary? Is it message to other bold judges to think twice before they exhibit boldness in decisions affecting politics or politician? some how one feels that there is some thing wrong in the whole dramatised allegation. But if this is the trend then God save this country because none will be safe.
@Kian 4 Dec 2013, 12:06
+0 -0
I don't think these are the circumstances which resulted in the intern going to Delhi. I think ToI should stop publishing whatever they want to and not sensationalise the matter unnecessarily!
Commentator 4 Dec 2013, 14:55
+0 -0
Get ahead of times!
Anonymous 5 Dec 2013, 05:54
+0 -0
@ Kian

Can you confirm this independently?

http://timesofindia.indiatimes.com/india/Inquiry-panel-finds-merit-in-law-graduates-accusation-against-Justice-A-K-Ganguly/articleshow/26870611.cms

Also quoted on Firstpost:
http://www.firstpost.com/india/inquiry-panel-finds-merit-in-charges-against-justice-ganguly-1267661.html
kianganz 5 Dec 2013, 06:00
+0 -0
Yes, I believe this to be correct.

We've just run a short item. And more developments likely to happen later today on this story...