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.”
—Agencies