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“We are left with no choice,” CPM Politburo member Brinda Karat told The Indian Express which was the first to report on the CJI’s impeachment proposal. “Neither Justice Sen has resigned on his own nor is the Government taking any step for his impeachment.”
The Judges (Inquiry) Act, 1968, stipulates that a motion for removal of a judge involving allegations of misbehaviour or incapacity may be admitted if notice is given by at least 100 members of the Lok Sabha or 50 members of Rajya Sabha, then it can be referred to a committee for investigation.
Asked if the CPM has contacted other parties to garner support from Members of Parliament, Karat said, “It is a non-party issue...We expect all those who are concerned over the matter to lend their support.”
The proposed draft motion, currently in circulation for enlisting signatures of MPs, cites two grounds for charging Justice Sen with misconduct. One, “misappropriation of large sums of money which he received in his capacity as receiver appointed by the High Court of Calcutta.” Two, misrepresentation of “facts with regard to the misappropriation of money before the High Court of Calcutta.”
Chief Justice Balakrishnan had recommended to the PM (in a letter dated August 4, 2008) that proceedings for the removal of Justice Sen be initiated in accordance with the procedure prescribed in the Constitution. He pointed out that a three-judge in-house committee found him guilty of “misconduct” prior to his elevation for having appropriated Rs 32 lakh as court-appointed receiver in a lawsuit between Steel Authority of India Ltd and Shipping Corporation of India over supply of fire bricks. He deposited the money in his ccount, despite being aware that the proceeds had to be kept in a bank of his choice for safe custody.
His act was challenged by SAIL in 2005, and in April 2006, the Court of Justice Kalyan Jyoti Sengupta, who had replaced Roy, asked him to pay back the money with interest since 1993. Sen had to deposit Rs 52.46 lakh with the court.
Once Sen’s misconduct was established by the three-judge committee, the CJI sought the PM’s intervention as the Constitution does not provide a procedure for the judiciary or to the government to start the impeachment process. The in-house judges committee has no powers to take action against an errant judge. The committee concluded that the conduct of Sen had brought disrepute to the high judicial office and dishonour to the institution of judiciary undermining the faith and confidence reposed by the public in the administration of justice.
Consequently, the CJI advised Justice Sen to resign or seek voluntary retirement. The latter sought a personal hearing and a collegium comprising CJI Balakrishnan, Justice B N Agrawal and Justice Ashok Bhan heard him on March 16 last year and reiterated the advice given to him earlier and submit his resignation or seek VRS by April 2, 2008. However, Justice Sen sent a letter on March 26 expressing his inability to comply with the advice of the CJI.
In September last year, Justice Sen had said: “My mother is 80 and a widow. She is in bed with a serious injury. It’s my duty first to cure her from the illness. I have not informed her about this news yet. For more than a year, I have not been allotted any bench. I am in a critical situation, everything should be considered in a humane manner.”
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CPM is gropping in dark concerning impeacement of a Calcutta H.C. Judge. UPA neither will impeach Judge, nor will rermove EC Mr.Chawla and will not hang Afzal Guru. People have to turn the table in coming elections to nail the Congress party's for such sins.
and still shameless people vote for congress, which shows that people are not interested in ethics and good governance, but drinking, taking money, corruption etc etc etc.
If Shivraj Patil failed to do any thing during his time to improve internal security , Hans Raj Bhardawaj Law Minister is the man who is doing everything in his power to legalise and establish rampant corruption everywhere be it through CBI or sleeping over the recommendations of the APEX Court to take action for the impeachment of the corrupt Judges. He is always found to justify wrong things and is expert in twisting facts. One wonders haw these people hold positions in Manmohan Singh's Government or are the claims of the opposition that he is in fact an invisible PM and his Ministers and officers take orders from elsewhere and are answerable to some extra constitutional agencies/leaders.
The congress party cannot take any impeachment action as the concerned judge who might have helped the party in many cases would spill the bins. Congress can not act against the EC Mr Navin Chawla and there are number of such instances. And the public will continue to be fooled. Gradually the moral values of a democratic system has been diluted to an extent that such provisions in the constitution has become unnecessary. And what the country can expect from a PM who entered Parliament fraudulently from Assam and a party president who after facing disqualification from parliament in the office of profit case resigned her seat only to file fresh nominations for the same seat. The poor country deserves these politicans.
who knows? May be Cong wants to have him as next Cec after naveen chawla