RS panel rebuts Sen’s defence
The three-member judicial committee of Rajya Sabha probing the charges of case fund “misappropriation” against Calcutta high court judge Soumitra Sen in a impeachment motion, on Tuesday closed the arguments in the inquiry with panel’s counsel questioning the defence put up by Justice Sen.
Rebutting the defence of Justice Sen that no case of impeachment could be made out against him as a division bench of Calcutta HC had decided the case in his favour, panel’s lawyer Sidharth Luthra said there was no dispute about the fact that he as court receiver had “misappropriated” Rs 33.22 lakh kept in his custody. It has been admitted by him in his written submission that he had “mixed” up the court funds in is personal bank account, withdrawn money from it and invested it in a private firm — Link Limited — where it remained parked for a substantial period of time.
As Justice Sen had “admitted” that he had withdrawn money from the funds of a case proceeds deposited in his personal account and “disbursed” it as if it was his own money, it clearly amounted to “misappropriation” as he was not supposed to use it for personal purposes.
As court receiver he was only the custodian of the funds but by his act he had violated the rule and “betrayed” the trust posed in him by the court while appointing him as receiver, Justice Luthra argued.
He also questioned Justice Sen claiming the “right” to remain “silent” by not personally appearing before the probe panel, headed by Justice B. Sudershan Reddy of the Supreme Court.
Justice Sen though had marked his presence before the committee through his lawyer, but he had refused to personally appear before it to answer any of its queries.
Justice Sen, who was appointed a Judge in 2003, is facing the charge of “judicial misconduct” even though the alleged “misappropriation” had taken place much before his appointment.
Post new comment