Decks cleared for Justice Soumitra Sen's impeachment

Decks cleared for Justice Soumitra Sen's impeachment

Decks were cleared for impeachment proceedings against Calcutta High Court judge Soumitra Sen with a judicial committee set up by Rajya Sabha Chairman Hamid Ansari finding him guilty of misappropriating "large sums" of funds and making false statement regarding it.

The report of the three-member committee, placed in both Houses of Parliament, said it was of the opinion that Justice Sen was "guilty of 'misbehaviour' under Article 124(4) read with proviso (b) to Article 217(1) of the Constitution of India."

The Committee, headed by Supreme Court Judge B Sudershan Reddy, said the charges of "misappropriation of large sums of money" which Sen received in his capacity as receiver appointed by the High Court of Calcutta and misrepresenting facts with regard to it were "duly proved".

Article 124(4) when read with proviso (b) to Article 217(1) states that a judge of a High Court shall not be removed from his office except on the grounds of 'proved misbehaviour'. The prefix 'proved' only means proved to the satisfaction of requisite majority of Parliament, if so recommended by the inquiry committee.

The indictment of Sen paves way for Parliament to take up the impeachment of the judge who has been found guilty of collecting Rs.33,22,800 from a purchaser of goods, keeping it in a savings bank account and misrepresenting facts to the High Court.

As per the Judges Inquiry Act, the motion will now have to be moved in the Rajya Sabha and debated upon.

Sen will be given an opportunity to defend himself through his counsel.

This is the second case in the history of the country in which Parliament has initiated proceedings for removal of a judge. The first involved Justice V Ramaswami.