Prez refers Sen's resignation to justice dept

Justice Sen was found guilty of misappropriation of funds

PTI | September 2, 2011



President Pratibha Patil has referred to department of justice the resignation of Calcutta High Court judge Justice Soumitra Sen five days before the Lok Sabha was to take up an impeachment motion against him as it was not in proper form.

The President's decision came amid a debate among legal and constitutional experts as to whether or not the Lok Sabha should proceed with the scheduled impeachment proceedings next Monday after Sen's resignation.

Justice Sen had faxed his resignation to the President yesterday to perhaps avoid the ignominy of becoming the first judge to be impeached by Parliament but according to the rules, the letter needs to be in his own handwriting and not in copy form, official sources said today.

The sources said the President referred the resignation to the Justice department with a note that faxed resignation is not acceptable and it needs to be in original and signed in his own handwriting.

In Kolkata, Sen's lawyer Subash Bhattacharya said the resignation letter in original has been signed by the judge and sent by courier to the President and Speaker Meira Kumar.

The Rajya Sabha has already passed the motion against Justice Sen, the first judge to have been impeached by the Upper House for misconduct.

Justice Sen was found guilty of misappropriating Rs 33.23 lakh under his custody as a court-appointed receiver in the capacity as a lawyer, and misrepresenting facts before a Calcutta court in a 1983 case.

In his letter to the President, Justice Sen said, "I am not guilty of any form of corruption".

Minister of State for Parliamentary Affairs Rajiv Shukla felt there is no scope for any discussion in the Lok Sabha but said the Government would have to ascertain the rules on the issue before any decision is taken.

"I don't think there is any scope for discussion now, after Justice Soumitra Sen's resignation," Shukla told reporters in Delhi.

Legal and constitutional experts said Sen's resignation has put the ball in President's court since she has to now decide whether to accept his resignation or leave it to the Lower House to proceed with impeachment proceedings.

 

Comments

 

Other News

AI: Code, Control, Conquer

India today stands at a critical juncture in the area of artificial intelligence. While the country is among the fastest adopters of AI in the world, it remains heavily reliant on technologies developed elsewhere. This paradox, experts warn, cannot persist if India seeks technological sovereignty.

RBI pauses to assess inflation risks, policy transmission

The Reserve Bank of India (RBI) has begun the new fiscal year with a calibrated pause, keeping the repo rate unchanged at 5.25 per cent in its April Monetary Policy Committee (MPC) meeting. The decision, taken unanimously, reflects a shift from aggressive policy action to cautious observation after a signi

New pathways for tourism growth

Traditionally, India’s tourism policy has been based on three main components: the number of visitors, building tourist attractions and providing facilities for tourists. Due to the increase in climate-related issues and environmental destruction that occurred over previous years, policymakers have b

Is the US a superpower anymore?

On April 8, hours after warning that “a whole civilisation will die tonight,” US president Donald Trump, exhibiting his unique style of retreating from high-voltage brinkmanship, announced that he agreed to a two-week ceasefire with Iran. The weekend talks in Islamabad have failed and the futur

Machines communicate, humans connect

There is a moment every event professional knows—the kind that arrives without warning, usually an hour before the curtain rises. Months of meticulous planning are in place. And then comes the call: “We’ll also need a projector. For the slides.”   No email

Why India is entering a ‘stagflation lite’ phase

India’s macroeconomic narrative is quietly shifting—from a rare “Goldilocks” equilibrium of stable growth and contained inflation to a more fragile phase where external shocks are beginning to dominate domestic policy outcomes. The numbers still look reassuring at first glance: GDP


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter