Govt to move impeachment motion against HC judge Sen
Chief Justice K G Balakrishnan asks the government for action after Calcutta High Court judge Soumitra Sen misappropriates Rs 32 lakh.
By ET Bureau |
NEW DELHI: With Chief Justice K G Balakrishnan recommending removal of Calcutta High Court judge Soumitra Sen on charges of financial misconduct, Union law minister H R Bhardwaj on Monday said the UPA government would soon move an impeachment motion against the judge in Parliament. The CJI had sent his recommendation to the prime minister last month after Justice Sen refused to step down despite being found guilty of misappropriating Rs 32 lakh from the receiver���s account to his personal account.
Mr Bhardwaj, who confirmed that the recommendation was forwarded to his ministry, said the government was preparing to take the necessary action. ���The CJI has recommended initiating impeachment process so we shall have to go to Parliament on the matter...Nobody can stop it because it (suggestion) came from the CJI,��� he said.
Justice Sen is accused of receiving Rs 32 lakh as court-appointed receiver in a lawsuit between Steel Authority of India Ltd and Shipping Corporation of India. The CJI-appointed three-member committee found Justice Sen guilty of misconduct in depositing the money in his personal account and preferring to retain it even after being elevated to the high court in 2003. It took a direction from the high court in 2006 to force him to pay back the sum.
Under the Judges (Inquiry) Act, a motion for removal of a judge involving allegations of misbehaviour or incapacity may be admitted if notice is given by at least 100 members of Lok Sabha or 50 members of Rajya Sabha and then admitted to a committee for investigation.
However, Mr Bhardwaj said the constitutional requirement of 100 MPs������ signatures may not apply in this case as it will be a government-sponsored motion.
He did not rule out the possibility of the impeachment process being taken up in the October session of Parliament.
Then the sitting judge will be removed by the President, who is the appointing authority for Supreme Court and high court judges.
This would be the second time impeachment process against a member of the higher judiciary is taken up.
The first was initiated against Supreme Court Judge V Ramaswami in 1991 for misconduct in purchase of furniture, when he was Chief Justice of the Punjab and Haryana high court. But the ruling Congress abstained from voting and the judge was not impeached.
Mr Bhardwaj, who confirmed that the recommendation was forwarded to his ministry, said the government was preparing to take the necessary action. ���The CJI has recommended initiating impeachment process so we shall have to go to Parliament on the matter...Nobody can stop it because it (suggestion) came from the CJI,��� he said.
Justice Sen is accused of receiving Rs 32 lakh as court-appointed receiver in a lawsuit between Steel Authority of India Ltd and Shipping Corporation of India. The CJI-appointed three-member committee found Justice Sen guilty of misconduct in depositing the money in his personal account and preferring to retain it even after being elevated to the high court in 2003. It took a direction from the high court in 2006 to force him to pay back the sum.
Under the Judges (Inquiry) Act, a motion for removal of a judge involving allegations of misbehaviour or incapacity may be admitted if notice is given by at least 100 members of Lok Sabha or 50 members of Rajya Sabha and then admitted to a committee for investigation.
However, Mr Bhardwaj said the constitutional requirement of 100 MPs������ signatures may not apply in this case as it will be a government-sponsored motion.
He did not rule out the possibility of the impeachment process being taken up in the October session of Parliament.
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A resolution for his impeachment will have to be passed by joint sitting of both the Houses of Parliament after a motion is moved in either the Lok Sabha or Rajya Sabha. Then the sitting judge will be removed by the President, who is the appointing authority for Supreme Court and high court judges.
This would be the second time impeachment process against a member of the higher judiciary is taken up.
The first was initiated against Supreme Court Judge V Ramaswami in 1991 for misconduct in purchase of furniture, when he was Chief Justice of the Punjab and Haryana high court. But the ruling Congress abstained from voting and the judge was not impeached.
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