As demands for registering an FIR against former Supreme Court judge AK Ganguly in the law intern sexual harassment scandal grow, the Delhi police faces legal hurdles in launching criminal investigation into the matter.
First, it has been over 11 months since the alleged incident took place in a five-star hotel here. According to a Constitution Bench verdict delivered last month, police have to first register a preliminary inquiry in cases where there is delay in reporting the matter to the police, even if the offence disclosed is a cognizable offence.
Second, the girl has not filed any complaint with the police or recorded her statement. In the absence of her statement, police would not be in a position to launch a criminal investigation in the matter.
Third, the report of the three-judge probe panel is not officially available to the police as the Supreme Court’s Full Court chose not to send it to the police on the ground that justice Ganguly had already retired on the date of incident and the intern too was not on its rolls.
Fourth, the former intern, who now works as a lawyer with an NGO, had in her blog entry dated November 6 said that she had heard that three other girls too were sexually harassed by the same judge (justice Ganguly). But none of the said three girls has come forward to lodge a criminal complaint or FIR.
She also claimed that she had knowledge of another four girls who were allegedly harassed by other judges in their chambers.
No wonder, Delhi Police are in pursuit to get in touch with the woman because without her statement they could not proceed further in the matter.