Dear all, The following case interests me from a legal-medical-ethical point of view. Please accept that I remain an ongoing student of all three disciplines. This post is posted on the basis of that studentship.
1: I do not know all the facts of this case .......accordingly 2: I do not support the contention that 'all proceedings should be dropped' ...for 3: once these charges are made, however difficult they are to defend against 4: if they are not appropriately defended against, the stain and pain caused by the accusation will remain ....and 5: if they are accurate but dropped, injustice would have been perpetrated. So .....I suggest that vociferous but honest evidence and defence be presented and cross examined ... even if it means that "All the Facts" (uncomfortable as they may turn out to be) become publicly known. Importantly, If the charges are made in public, so should the defence against the charges. I do NOT support the dropping of any investigation or charges, in such situations, unless it is 100% voluntarily done by the alleged victim. If the case is deemed to be frivolous or is otherwise lost, appropriate costs should be assigned. This will not only be fair, it will also discourage more such cases. In the UK, justices are known to frown upon the so-called Litigation Culture of the US. The conspiracy element alleged in this case is separate and apart from the 'harassment' charge. jc http://timesofindia.indiatimes.com/india/Mohun-Bagan-used-female-intern-to-frame-A-K-Ganguly-PIL/articleshow/28355711.cms "The petitioner said Jaising had been "working relentlessly to get justice Ganguly arrested unlawfully and to get him removed from WBHRC by building pressure on the government through media hoax, scandal and propaganda at the cost of the reputation and his rights over privacy." Petitioner Singh derided the way Indian systems operate. She said "there has been a steep rise in the abuse of criminal law in the hands of the individuals with vested criminal interests abetted by unscrupulous lawyers, with the growing materialistic Indian culture of making big money quickly through corrupt means unlike western culture which is turning towards spiritualism." After vouching for the 'upright' western systems experienced during her 7-year stay in UK, Singh feared for the safety of justice Ganguly, who is facing sexual harassment allegations from a law intern, given the amendment to the sexual harassment laws and the vindictive nature of police. Seeking dropping of every proceeding initiated or to be initiated by the government and protecting him from possible arrest, Singh said: "The courts at lower levels callously take cognizance of every case on routine basis without even bothering to go through the ingredients of the FIRs/complaints. Unlike the courts in the western countries, the court proceedings in India are not under monitor of camera and are not being video-recorded."
