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Very difficult to impeach a judge: Bhardwaj

Indicating that the process of impeachment of tainted Calcutta HC judge Soumitra Sen may be time-consuming, Law Minister H R Bhardwaj has said it is a "very very difficult task."

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NEW DELHI: Indicating that the process of impeachment of tainted Calcutta HC judge Soumitra Sen may be time-consuming, Law Minister H R Bhardwaj has said it is a "very very difficult task" to make out a case of impeachment against a judge.
    
The matter related to Justice Sen is being studied, he said, adding that a "chargesheet will have to be framed against him for investigation again" and placing it before members of parliament.
    
"Unless this is clear on what basis we should go to MPs, it will be premature to say that yes it is done," Bhardwaj said.
    
"So, this is a very very difficult task to make out a case of impeachment," he told a leading news channel.
    
Justice Sen has been in the eye of a storm after Chief Justice of India K G Balakrishnan's recommendation for his removal on charges of alleged "misconduct" - involving Rs 32 lakh - committed by him in his capacity as a lawyer, before elevation.
    
The CJI's suggestion for action against Justice Sen, who continues to be in office without any work being allotted to him, was sent last month to the Prime Minister's Office.
   
The matter was later referred to the Law Minister who had said "the CJI has recommended initiating impeachment process so we shall have to go to Parliament on the matter."
    
Even Prime Minister Manmohan Singh had last week talked about personal record and reputation of judges having a bearing on the public perception on the judicial system. "A time has come for introspection to ensure that judicial appointments at all levels live up to exacting standards...," he had said.

"There is no doubt that the personal record and reputation of those who sit in judgement does shape our view of the judicial system," the Prime Minister had said.
    
Earlier in an internal inquiry held by the CJI in the matter, Justice Sen was found to have indulged in a financial misconduct prior to his elevation.
    
He allegedly received Rs 32 lakh as court-appointed receiver in a lawsuit between the Steel Authority of India Ltd and Shipping Corporation of India and deposited the amount in his personal account.
    
The CJI-appointed three-member committee found Justice Sen guilty of misconduct in depositing the money in his personal account and preferring to retain the money even after being elevated to the High Court in 2003.

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