First attempt to impeach a judge had failed in ’93
The stage has been cleared for the impeachment proceedings against Calcutta high court Justice Soumitra Sen in Parliament.
The first-ever impeachment initiated against a judge — V Ramaswami, who retired as an SC judge in 1994 — failed after the motion collapsed on the floor of the Lok Sabha in 1993 following abstentions by the Congress.
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 an inquiry committee.
The committee, which also included former Punjab and Haryana high court Chief Justice Mukul Mudgal and eminent lawyer Fali S. Nariman, found Justice Sen guilty of collecting over `33 lakhs from a purchaser of goods, keeping it in a savings bank account and misrepresenting facts to the high court.
As per the Judges Inquiry Act, the impeachment motion will now have to be moved in the Rajya Sabha and debated upon. Justice Sen will be given an opportunity to defend himself through his counsel.
Dr Ansari constituted the Committee under the Judges (Inquiry) Act 1968. The decision followed an impeachment motion against Justice Sen, which was moved by CPI(M) leader Sitaram Yechury and 57 other members of the Upper House.
It was set up “for the purpose of making an investigation into the grounds on which the removal of Justice Soumitra Sen of the Calcutta high court is prayed for.” It had submitted its report to the Rajya Sabha Chairman on September 10.
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