Justice Sen escapes impeachment

The decision taken by finance, law and parliamentary affairs minister

PTI | September 5, 2011



Lok Sabha will drop impeachment proceedings against Justice Soumitra Sen, originally scheduled for on Monday.

The decision was taken at a meeting finance minister Pranab Mukherjee had with law minister Salman Khurshid and parliamentary affairs minister Pawan Kumar Bansal.

Speaker Meira Kumar also consulted the government and political parties over the issue in the morning."There will be no impeachment as the process has now become infructuous after Sen's resignation was accepted," a senior minister said speaking on the condition of anonymity.

He was asked whether Sen's impeachment as listed in Lok Sabha business for today, will be taken up.

"I have to consult because there have been new developments. I will be talking," the speaker had told reporters outside Parliament before the House commenced.

Government had yesterday notified the resignation of Justice Sen of the Calcutta high court.

In the normal course, such a notification is not required since the resignation of a constitutional authority is deemed to be accepted if it is in order.

Attorney General G E Vahanvati had opined on Friday that impeachment proceedings, having already been completed in the Rajya Sabha, should be completed by the other house.

This opinion appeared to be based on the premise that the resignation letter faxed by Sen to Rashtrapati Bhavan on Thursday could not be taken cognisance of since such letters must be written in the hand of the judge as per Art 217 (a) of the Constitution.

Sen had later sent his handwritten letter to the President on Saturday paving the way for dropping the impeachment motion in Lok Sabha against him.
 

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