The impeachment process will be initiated against the Calcutta High Court judge Soumitra Sen for misconduct. Union Law and Justice Minister Hansraj Bhardwaj confirming the decision said on Monday that government will move a motion in Parliament for impeachment of Sen.
The step was decided to be taken after Chief Justice of India K G Balakrishnan's recommendation that Justice Sen be removed from service on the ground of 'misconduct'.
About one month ago, the Chief Justice had sought the urgent intervention of Prime Minister Manmohan Singh in initiating impeachment process against Justice Sen on the established charges of misconduct.
The Chief Justice recommendation was made shortly after a three-judge inquiry committee had established Sen's misconduct in depositing the money in his personal account. Sen retained the money even after being appointed as the High Court judge in 2003. It was in 2006 after HC order, he returned money.
Justice Sen has been bearing the allegation for appropriating Rs 32 lakh as a court-appointed receiver in 1993 in a lawsuit between Steel Authority of India Limited (SAIL) and Shipping Corporation of India over supply of fire bricks.
This is the second time in the annals of higher judiciary of India when the Chief Justice has recommended for the dismissal of a High Court judge.
The first impeachment process was taken against Supreme Court sitting judge, Justice V Ramaswami in 1991. He was accused of misconduct for 'furniture purchase' when he was the Chief Justice of Haryana High Court. He, however, could not be impeached as the motion for his impeachment was defeated considerably in the Parliament owing to Oppositions that remained abstained from the vote.
Constitution on HC/SC judges' impeachment:
Under the Constitution of India, a High Court or Supreme Court judge could be dismissed only by way of impeachment.
The removal of HC or SC judge is written in Article 124 (4) and (5) and 217 (1) (b) and 218 of the Constitution on the ground of 'proven misbehaviour or incapacity.' However, the Constitution neither defines theses words--“misbehaviour” or “incapacity”--nor clarifies it. These complaints against a judge have to be probed under the Judges (Inquiry) Act, 1968.
After a judge's name is forwarded for impeachment by the CJI—the sole authority retains with the Chief Justice of Supreme Court of India, then it goes to the Parliament for approval through the Law Minister.
To begin the motion in the House, the government needs signature from 100 MPs and after this motion is moved, an enquiry is ordered to probe the allegations against the accused.
After tabling the impeachment motion-proven by an inquiry committee-in the Parliament, it needs to be passed by 2/3rd majority in each of the House.
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