Sen’s resignation letter accepted
Ending days of speculation, the resignation of Calcutta high court judge Soumitra Sen has been accepted, rendering the impeachment proceedings against him in the Lok Sabha on Monday infructuous.
Sources said that the resignation letter submitted on Saturday to the President was in accordance with the constitutional requirements unlike the earlier resignation letter which was faxed to President Pratibha Patil and Lok Sabha Speaker Meira Kumar. “A lawyer on behalf of Sen handed over the hand-written resignation letter to the President’s secretary Christy Fernandez this morning and it was found to be in order,” sources added. The President has forwarded the resignation to the law and justice ministry for completion of formalities. “Under the Constitution a judge can resign from office by writing to the President,” sources added.
“A constitutional entity is free to tender his resignation on his own volition and action and there is no acceptance involved and it comes into effect immediately if the resignation is in order,” the sources said.
With the acceptance formalities being completed, the Lok Sabha is likely to drop the impeachment proceedings against Mr Sen once formal communication is received from the government.
Attorney-General G.E. Vahanvati had on Friday opined that the impeachment proceedings against Mr Sen should go-ahead in Lok Sabha even after his resignation which he termed as “not in order”.
Meanwhile, asked whether Justice Sen would appear before the Lower House, which has scheduled the debate on Monday, his lawyer Subhas Bhattacharya told PTI, “He has not yet decided whether to go or not because of a medical emergency in his family.”
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