Legal eagles for clarity on removal of judges

By dropping the impeachment proceedings against Calcutta High Court Judge Soumitra Sen on the ground that his resignation had been accepted by president after the Rajya Sabha approved his removal; the Lok Sabha has surprised many.

That the house of the people in its own wisdom decided not to take the motion further and let it become stale, has caused concern among a section of legal fraternity.

It was expected that the law makers would bring to a logical conclusion an issue of public concern which had also consumed legislative hours besides judicial time due to the statutory inquiry committee proceedings. A former chief justice of Delhi high court AP Shah says, “I feel there is need to amend Article 124 (4) to the effect that once the proceedings have started it can’t be allowed to die.”

He agrees with Attorney General GE Vahanvati’s opinion that impeachment motion to remove Justice Soumitra Sen as the judge of the Calcutta HC must go on in the Lok Sabha despite his resignation.

He said the impeachment motion has to be adopted by both the houses in same session. Justice says the new Judicial Accountability Bill must not ignore the experiences that are available from the failed impeachment of an apex court Judge V Ramaswami and now Justice Sen.