In a bid to substantiate his charge before the Rajya Sabha-appointed judicial committee which commenced hearing the charges against Calcutta high court judge Soumitra Sen, facing impeachment for alleged misappropriation of Rs 33.22 lakhs as “court receiver” 20 years ago, the panel’s counsel, Mr Sidharth Luthra, said it was not the only instance of alleged “misappropriation” against him as there were identical allegations in another case related to the Calcutta Fans Co. where also he was a “court receiver” of Rs 70 lakhs. But that case is not the subject matter of the impeachment motion, Mr Luthra told the panel.
Mr Sen as court receiver had used the Rs 33.22 lakhs in proceeds of the Steel Authority of India Ltd and Port Authority case as if it was his personal money and made private investments and bought credit cards using it. Though he was supposed to submit a statement of accounts every six months — January and June — to the court, he failed to do so, he said.
The panel’s counsel rejected the defence of Justice Sen — stated in his affidavit — that it was an “error of judgment” on his part on whether or not he could spend the money when it was deposited in his bank account. “As a court receiver and an advocate he was supposed to know the rules, which prohibit spending even a single penny for personal benefit,” he said.
Mr Luthra alleged that when the case of “misappropriation” came before the Calcutta high court in 2006, three years after Justice Sen’s appointment as a judge, he had committed “judicial misconduct” by “misrepresenting” the facts to the single judge who heard the case.
Justice Sen, who was made to pay the court Rs 52 lakhs in 2006 after the case came to light, had denied the allegation that it was a “deliberate” act.