10 November 2010

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Understand Impeachment Procedure .Justice Soumitra Sen – Road Clear for the Impeachment of Calcutta High court Justice Soumitra Sen –

Understand Impeachment Procedure .Justice Soumitra Sen – Road Clear for the Impeachment of Calcutta High court Justice Soumitra Sen –

Short Biography of Justice Soumitra Sen

Born on January 22, 1958.
Passed H.S.L.C. Examination from Don Bosco High School, Guwahati, Assam.
Passed B.Com Examination from Guwahati Commerce College.
Passed LL.B. Examination from the University College of Law, Calcutta.
Enroled as an Advocate on February 13, 1984.



Practised in Civil and Constitutional matters in both the Original side and Appellate Side of the High Court at Calcutta.
Elected as a permanent Judge of the High Court at Calcutta on December 3, 2003.

Justice Sen has been bearing the allegation for appropriating Rs 32 lakh as a court-appointed receiver in 1993 in a lawsuit between Steel Authority of India Limited (SAIL) and Shipping Corporation of India over supply of fire bricks.

The Chief Justice recommendation was made shortly after a three-judge inquiry committee had established Sen's misconduct in depositing the money in his personal account.
Sen retained the money even after being appointed as the High Court judge in 2003.
It was in 2006 after HC order, he returned money.

Justice Sen was held guilty of misappropriation of public funds by a committee of three judges set up by former CJI K G Balakrishnan in 2007.
A year later, Justice Balakrishnan recommended his impeachment to the PM, after which a legal opinion obtained by the law ministry endorsed the judges' committee report.

Last year, 58 MPs of the Rajya Sabha moved a motion for impeachment of Calcutta High Court Judge Soumitra Sen for his involvement in financial misappropriation

Probe panel was set up by Rajya Sabha chairman Hamid Ansari in February 2009.

It is headed by SC judge Justice B Sudershan Reddy and has as its members Punjab & Haryana High Court Chief Justice Mukul Mudgal and noted jurist Fali S Nariman.

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.

Judicial committee set up by Rajya Sabha Chairman Hamid Ansari found Justice Soumitra Sen 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.

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 Rs33,22,800 from a purchaser of goods, keeping it in a savings bank account and misrepresenting facts to the high court.

Subash Bhattacharya the lawyer of Justice Soumitra Sen said that his client is innocent and he will prove he is innocent.

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.

The report said the oral and documentary evidence had established that two separate accounts were opened by Justice Sen as "receiver" in his own name and a total sum aggregating to Rs33, 22,800 being the sale proceeds of goods were brought into the two accounts between March 24, 1993 and May 5, 1995.

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. The committee was constituted by Ansari in March last year under the Judges (Inquiry) Act 1968.

Let us understand Impeachment Procedure –

A member of the higher judiciary, which means the Judges and Chief Justices of the Supreme Court of India and the state High Courts, can be removed from service only through the process of impeachment under Article 124 (4) of the Constitution on grounds of proven misbehaviour or incapacity.

In India, there is no other process by which a Judge can be removed from office before his term comes to an end.

This process is very difficult and which is good to maintain balance of power between judiciary and executive.

This is the reason High court and Supreme Court of India can direct the government of India only because of this protection which our constitution has given to the judges.


To understand
You can see the relationship between current politicians and IAS and IPS officers.

Do you want a High Court also work as an IAS or IPS officer or CBI and CID etc.
As per the wishes of Government.

No we do not want this type of relationship.

As per the Judges Inquiry Act, 1968, a complaint against a Judge has to be made through a resolution either by 100 members of the Lok Sabha or 50 Rajya Sabha members.

After the MPs submit a duly signed motion to this effect to their respective presiding officers — Chairman of the Rajya Sabha or Speaker of the Lok Sabha —

The presiding officer constitutes a three-member committee comprising

Two Judges — one from the Supreme Court and one Chief Justice of a High Court

If the complaint is against a HC Judge; and two Supreme Court Judges

If the complaint is against a sitting Judge of the apex court — and a jurist to probe the complaint and determine if it is a case fit for initiating the process of impeachment.

Thereafter, if the committee has concluded that impeachment proceedings be launched, the matter is debated in both Houses of Parliament.

The Judge who is facing impeachment is also given the opportunity to rebut the charges, either in person or through his representative.

However, the entire process [ debate onwards ] has to be completed within a single session of the House, failing which the motion is deemed dropped and can only be taken up if the entire process is repeated afresh in any subsequent session.

After the debate ends and the Judge has been heard, if the House decides to put the motion to vote, the resolution has to be passed by two-thirds majority in both Houses in the same session.
The resolution is then sent to the President, who orders removal of the Judge.

The only time in Indian judicial history
Parliament came close to impeaching a Judge was in the case of former Punjab and Haryana High Court Chief Justice V Ramaswami for corruption in 1991.

However, the move failed as the then Congress government headed by Rajiv Gandhi asked all Congress MPs to abstain from voting, thus defeating the motion.

Transfer is the only course of action followed by the Supreme Court collegium if it feels that the offence of the Judge is not so grave so as to attract the penalty of impeachment.

The problem of judicial accountability has been complicated further by the Supreme Court’s judgment in the Veeraswami case, in which it declared that no judge of the high court or Supreme Court could even be subject to investigation in any criminal offence of corruption or otherwise, unless one obtains prior written consent of the CJI.

India needs to change the Impeachment procedure but it should be seen that Politicians do not become gods of judiciary.

Today politicians have become gods of IPS , IAS officers as well as CBI and CID.
Exception is
Judiciary .

This is reason Supreme Court can say give free food

There is hidden danger that on the name changing impeachment procedure ,
Politicians will add such a clause or introduce the new law in such a way
That judiciary will also become the obedient agency of Prime Ministers office or politicians just like CBI and President of India.

Below is the photo of justice Soumitra Sen



Reality views by sm –
Wednesday, November 10, 2010

11 comments:

Anonymous,  November 10, 2010  

informative......plzz publish more post about..CWG scam...

sm,  November 10, 2010  

Prasanna,,
thanks.
i will try to post more on CWG

sm,  November 10, 2010  

R. Ramesh,,
thanks.

Arti November 11, 2010  

Very informative, well written...

bhagyareema November 11, 2010  

I was never intersted in this, but u got me hooked, will dig up more on this matter

sm,  November 11, 2010  

Arti,,
thanks.

sm,  November 11, 2010  

bhagyareema,,
thanks.

A November 12, 2010  

SM.

As usual very informative. Good job. I always wonder how to you manage to write such posts..and you never answer.

sm,  November 12, 2010  

A,,
thanks.
I will answer it, but do not know what to say,
but i will try it.
thanks.

manish agrahari August 18, 2011  

v gud ......description
thanx