Click to play videoNew Delhi: For the first time in independent India, the Rajya Sabha on Thursday voted overwhelmingly in favour of removal of a judge. Justice Soumitra Sen, a sitting judge of the Calcutta High Court, was accused of misappropriation of funds when he was a lawyer. The matter now moves to the Lok Sabha after which it will be forwarded to the President.
"I am defending my life...very existence before you. So, before deciding it, kindly decide with your conscience, apply your independent mind and then decide," said Justice Sen in the Rajya Sabha.
A day after an extremely combative defence from Justice Soumitra Sen, his fate was sealed in the Rajya Sabha after a total of 189 members - much more than the required 2/3rd majority - supported the demand for his removal as a High Court judge.
"The motion is adopted," said Rajya Sabha Speaker Hamid Ansari.
But there was a twist in the tale as well. When the Rajya Sabha began its proceedings for the day, the BSP members didn't know whether they were supposed to vote for or against the motion. When the motion was put to vote, the BSP, with its 18 MPs, refused to support the demand for Justice Sen's removal.
Arun Jaitley, himself a well known legal luminary, further embarrassed Justice Sen by charging him of misleading the House with distorted facts.
"He has tarnished the image of judiciary. This is a fit case, which we should use to set up a national judicial commission," said senior BJP leader Arun Jaitly.
But it's still a long time before Justice Sen is formally removed as a judge.
The entire process will now have to be repeated in the Lok Sabha on August 26 and August 27.
Once the Lok Sabha also adopts the motion for removal of Justice Sen, a formal letter will then be sent to President Pratibha Patil seeking his removal.
Once the President gives his consent, Justice Sen will be officially removed.
Charges against Justice Sen:
Justice Sen is guilty of misappropriating sale proceeds to the tune of Rs 24 lakh in a case in 1984 where he was appointed as receiver by the Calcutta High Court. He was an advocate at that time. He was later directed to deposit Rs 52 lakh by the High Court. He had allegedly unauthorisedly taken out Rs 25 lakh from another account and invested it elsewhere.
On December 3, 2003 he was appointed to the Calcutta High Court as a judge.
He had later paid back the money but in-house committee in its February 6, 2008 report had found him guilty of "breach of trust and misappropriation of receiver's funds for his personal gain".
On March 16, 2008 the Supreme Court Collegium gave a personal hearing to Justice Sen and advised him to resign or take voluntary retirement. But Justice Sen failed to comply.
The then Chief Justice of India of India KG Balakrishnan had written to the Prime Minister on August 4, 2008 suggesting the Justice Sen be removed.
The motion to remove was pending against Justice Sen since February 2010. A three-member committee headed Supreme Court judge Justice B Sudershan Reddy in its report of September 2010 found Justice Sen "guilty of misbehaviour".
The Justice Reddy Committee found Justice Sen 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.
The report was tabled in the Rajya Sabha on November 10, 2010.
No comments:
Post a Comment