Jaitley demands SC-monitored probe against Justice Ganguly

The BJP leader said Justice Ganguly must face the investigations as an ordinary citizen stepping down from the office he holds.

His Lok Sabha counterpart Sushma Swaraj has already demanded that Justice Ganguly should quit this post as “not just Caesar but Caesar's wife should also be above suspicion”.  

Jaitley pointed out that Supreme Court has devised the concept of “continuing mandamus” where it has nudged the investigation into action in matters where persons in high position have either abused their office, indulged in conduct unbecoming of the office and the law enforcement agencies are likely to be overawed by the personality of the accused.  

“The court oversees the fact that the holder of the public office is to be dealt with in a manner as mandated by law. This is precisely what the bench of Justice G S Singhvi and Justice A K Ganguly did in the 2G Spectrum case,” he said.  

The eminent lawyer maintained that Supreme Court should apply the same principle even more sternly to a sitting or a former judge.

The BJP leader suggested that the Supreme Court must place the case before a bench of the court on the judicial side which must monitor the investigations in order to ensure justice and fairness.

“Nobody should harass a lady. Certainly not holders of high judicial offices. If they act in a conduct unbecoming of the office that they hold, the dignity of the institution and the popular faith in judgments of judicial institutions gets eroded.... It is now incumbent on the Supreme Court of India to ensure that the law must take its own course,” Jaitley said.