Law Min okays impeachment of Calcutta HC judge

TIMELINE: Justice Soumitra Sen was appointed court receiver in a lawsuit between SAIL and Shipping Corporation of India in 1993.

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New Delhi: Government will approach Parliament for impeachment of Calcutta High Court judge Soumitra Sen for 'misconduct', Law Minister Hansraj Bhardwaj said on Monday.

In what is being hailed as a landmark move, the Chief Justice of India (CJI) K G Balakrishnan has recommended that Justice Sen be removed from service for 'misconduct'.

"Now that the Chief Justice has recommended the procedure, we will take this matter to the house. Impeachment is the only way out," the Law Minister said.

"It's a matter of deep concern. We will take appropriate action according to the current law," he added, talking about corruption charges against judges.

Justice Sen was appointed court receiver in a lawsuit between Steel Authority of India Ltd (SAIL) and Shipping Corporation of India in 1993 over supply of fire bricks. He was ordered to sell the firebricks and keep the money in safe custody.

However, he appropriated the Rs 32 lakh raised by the sale for himself. His act was challenged by SAIL in 2005, and in 2006, he was ordered to pay back the money with interest since 2003.

CJI sought the PM's intervention to initiate impeachment process in Parliament as there is no provision for the judiciary to start an impeachment process.

Speaking to CNN-IBN, Supreme court lawyer Prashant Bhushan raised several important questions about the process of appointing judges and dealing with misconduct.

"Ten years after this misconduct, the lawyers would have known him but still he was appointed. This shows there is no transperency in the system of appointment and that no diligence is used regarding the background of the person. But why did it take one year for the Chief Justice to give a recommendation to the Government? What has the Government done since last month? Why they have not proceeded to get impeachment motion to Parliament and present it to the Speaker?" he asked.

It is for the second time in the history of India's higher judiciary, that the CJI has recommended that a judge be removed from service.

The first impeachment process was initiated against Supreme Court 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 wasn't impeached as the ruling party abstained from the vote.

Conditions under which a judge can be impeached

• Under the Judges Enquiry Act, there is a procedure against the removal of judges.
• A motion supported by 100 Lok Sabha MPs or 50 Rajya Sabha MPs has to be moved in Parliament.
• After this motion is moved, an enquiry is ordered into the allegations against him.
• If the enquiry proves the charges, then the motion for impeachment has to be passed in Parliament by a two-third majority.