Decks cleared to impeach HC judge Soumitra Sen

Rajya Sabha panel indicts Sen on charges of misappropriation of money

deevakar

Deevakar Anand | November 10, 2010



The three member Rajya Sabha panel headed by supreme court judge B. Sudershan Reddy to inquire into corruption charges and delve on the merits of initiating impeachment against Calcutta high court Judge Soumitra Sen has indicted him. With this, decks have been cleared for his impeachment proceedings. The judicial committee which also comprised legal luminary Fali S Nariman and chief justice of Punjab and Haryana high court, Mukul Mudgal has said that the charges of "misappropriation of large sums of money" against Sen which he received in his capacity as the court appointed receiver when he was a lawyer has been "duly proved". The judge has also been found guilty of misrepresenting the facts regarding the same before the high court of Calcutta.

The report tabled in both the houses of parliament today has held justice Sen "guilty of 'misbehaviour' under Article 124(4) read with clause (b) of Article 217(1) of the Constitution of India. While Article 124 (4) deals with the removal of the Judges of the Higher Judiciary, Article 217 (1) deals with the appointment and conditions of the office of a Judge of a High Court.

Justice Sen’s impeachment if approved by both Lok Sabha and Rajya Sabha will be a new precedent as no sitting judge has ever been removed through impeachment in India.The only one off instance of failed attempt to impeach a judge in the history of India was in 1993 when the opposition had moved impeachment motion against Supreme Court judge V. Ramaswami. The motion however had to be dropped as the ruling Congress walked out during the voting. This time again, it will be the Congress’ stand –which has decisive numbers on the floor- on which will depend the concluding course of Justice Sen’s impeachment proceedings as it is the only major party which has not come out clearly as yet on supporting the motion.

Hamid Ansari had formed the panel after a letter signed by more than 50 Rajya Sabha MPs was submiited to him by senior CPI-M leader and parliamentarian Sitaram Yechuri in February 2009. Justice Sen was appointed receiver of the Calcutta high court in a civil suit. He, however, allegedly, instead of transferring funds to a separate account kept it in his own account and continued doing it even after assuming the office of a judge of the high court.

The judge has been arguing against his impeachment saying he committed financial misappropriations as a lawyer and not as a judge.

In Kolkatta, his lawyer Subash Bhattacharya told PTI the panel’s report was not at all surprising to him and that justice Sen had objected to its formation to Hamid Ansari. Bhattacharya ,however said his client would abide by the law and would be able to prove his "innocence" in Parliament. "I can assure that he will prove his innocence," he added.

Comments

 

Other News

Uday Kotak on history, Indian economy, growth and more

Pathbreakers: How 10 Visionary Leaders Transformed India by award-winning journalists  By Sucheta Dalal and Debashis Basu Rupa Publications, 304 pages, Rs 695  

₹5,000 crore saved from suspected financial fraud

In a significant gain for citizen protection in the digital economy, the Department of Telecommunications (DoT) has helped prevent suspected cyber fraud losses of more than ₹5,000 crore through its Financial Fraud Risk Indicator (FRI) within fifteen months of its launch on May 22, 2025. This money did

Capital acquisition proposals worth Rs 1.10 lakh crore for defence forces cleared

The Defence Acquisition Council (DAC), under the chairmanship of Raksha Mantri Rajnath Singh, on Monday accorded Acceptance of Necessity (AoN), that is, in-principle administrative approval to various acquisition proposals of the defence forces at an estimated cost of about Rs 1,10,000 crore.

How Rafi, Raj Kapoor helped pave the way for a great uranium deal

There`s a certain moment in diplomacy that`s too personal to be captured in a communiqué, too small to make the front page, but more revealing than the front page. This week, prime minister Narendra Modi reached Tashkent and, amid the pomp of state visits, managed to evoke the old Bollywood tunes

Distinguishing Fish 1 and Fish 2: The pragmatism behind India’s WTO ratification

 India became the 123rd WTO member to ratify the multilateral Agreement on Fisheries subsidies (AoFS) when it deposited the Instrument of Acceptance for Phase 1 on July 20, 2026. The ratification is restricted to disciplining Illegal, Unreported and Unregulated fishing (IUU), protection for overfished

The 7% growth problem: Why the next 7% will be harder

India has become accustomed to hearing the 7% growth number. It is now less a milestone than an expectation. Yet the paradox is becoming clearer: maintaining 7% growth may be considerably harder than achieving it once. India’s real GDP grew 7.7% in FY2025–26, following growth of 6.5% in FY202

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter