As a court-appointed receiver in a lawsuit between Sail and the Shipping Corporation of India 15 years ago, Sen allegedly misappropriated the Rs32 lakh he received
NEW DELHI: The Centre said on Monday it would move a motion in parliament to impeach Calcutta high court judge Soumitra Sen, who has been accused of ‘misconduct’ by chief justice of India (CJI) KG Balakrishnan.
As a court-appointed receiver in a lawsuit between Sail and the Shipping Corporation of India 15 years ago, Sen allegedly misappropriated the Rs32 lakh he received, even though he was under obligation to return the money to the parties concerned.
On the Calcutta high court’s direction two years ago, Sen, who was elevated as a high court judge in 1993, was forced to return Rs52.46 lakh, including interest. Armed with the report of a panel of apex court judges that looked into the allegations and also heard the suspect judge, Balakrishnan recommended Sen’s impeachment to the prime minister in August last. He said Sen had been found guilty of “misconduct” in an in-house inquiry.
Early in February last, Sen sought reconsideration of the decision to remove him and also a personal hearing by the panel comprising Balakrishnan and justices BN Agrawal and Ashok Bhan.
The chief justice later set up another panel of HC judges AP Shah, AK Patnaik and RM Lodha. It concluded that Sen did not have “honest intention right from the year 1993”. Law minister HR Bhardwaj said on Monday the government would have to place the CJI’s recommendation before parliament, may be in the forthcoming session.
“I received the papers a few days ago. We are examining them and preparing to take necessary action,” he said. “Nobody can stop it because it (suggestion) came from the CJI.”
It would be the second time that a move for impeachment of a judge in parliament has been made. Last time, the Congress had abstained from the House when the motion for impeachment of supreme court judge V Ramaswami was put to vote, saving the judge charged with “proven misconduct” by an apex court panel.
Supreme court lawyer Prashant Bhushan is anguished by the entire process of appointing judges. “Ten years after the misconduct by Sen, he was still appointed a high court judge. This shows there is no transparency in the system. “Why did it take a year for the chief justice to recommend impeachment to the government? What has the government done since last month? Why have they not proceeded to present the impeachment motion to the speaker,” he asked.
The constitutional requirement of signatures of 100 Lok Sabha or 50 Rajya Sabha MPsfor impeachment may not apply in this case as it will be a government motion. Under the existing process, it’s very difficult to get a judge impeached.
The speaker or chairman of the Rajya Sabha appoints a judges’ committee to examine the allegations. The panel submits its report and opinion to parliament. Each house of parliament has to take a decision on removal of the judge from office supported by a majority of the total membership of the House and by a majority of not less than two-thirds of the members of that House present and voting in the same session. Then the president, by an order, can remove the judge.
b_rakesh@dnaindia.net
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}