Kolkata, July 02: Justice Soumitra Sen of the Calcutta High Court, whose removal has been sought by the Chief Justice of India KG Balakrishnan for alleged financial misconduct, has challenged the move to initiate impeachment proceedings against him in the Rajya Sabha.
In a nine-page letter to Rajya Sabha Chairman Hamid
Ansari through his lawyer Subhas Bhattacharyya, Justice Sen
said that the constitution of a three-member committee
comprising three jurists by Ansari was "unconstitutional".
The letter stated that the committee did not have
jurisdiction because it could only look into the complaint of
a judge pertaining to the discharge of his judicial functions
and complaint with regard to conduct and behaviour of a judge
outside court.
"Admittedly there were or are no complaint whatsoever
against Justice Sen, i.e. my client by anyone on the above
two issues," Sen's lawyer said in the letter.
In an internal inquiry held by Chief Justice K G
Balakrishnan, Sen was allegedly found to have indulged in
financial misconduct as a lawyer when he was appointed
receiver in a case, prior to his elevation as high court judge
in December, 2003.
Sen was said to have received Rs 32 lakh as
court-appointed receiver in a lawsuit between Steel Authority
of India Ltd and Shipping Corporation of India and accused of
depositing the amount in his personal account.
"It is not understood how an advocate or a receiver
can be held guilty of judicial misconduct or a judge can be
held guilty of judicial misconduct for an alleged action prior
to his elevation," the letter said.
"This appears to be a unique case of not only one
in history of the Indian judiciary, where in the absence of
any allegation by anyone, proceedings for impeachment has been
initiated at the instance of the CJI.
"The name of the complainant is still not known,
although my client has already been described as an accused
person and till date there is no complaint on record."
The lawyer said that his client has learnt from media
reports that the CJI had referred the matter to the prime
minister for impeachment against Sen and that 58 Rajya Sabha
members requested Ansari to initiate proceeding of impeachment
against the judge and a three-member committee has been
constituted under the Judges (Inquiry) Act, 1968.
The letter also said that the CJI should not have any
role in the formation of the committee since he had already
expressed his opinion in newspapers.
Sen also questioned Ansari's decision to admit the
motion for impeachment without checking whether all documents
were complete.
It added that the mandatory requirements of the
statute have not been adhered to and hence the formation of
the inquiry committee was "unconstitutional and should be
withdrawn."
Bureau Report