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This is an archive article published on September 2, 2011

To avoid impeachment stain,Sen quits

Two weeks after the Rajya Sabha voted in favour of his impeachment,and days ahead of Monday’s scheduled appearance in the Lok Sabha

Lok sabha*Date was Monday,uncertainty whether proceedings will hold

Two weeks after the Rajya Sabha voted in favour of his impeachment,and days ahead of Monday’s scheduled appearance in the Lok Sabha,Justice Soumitra Sen of the Calcutta High Court resigned on Thursday,marking the end of years of defiance after his conduct had come under a cloud.

Sen’s lawyer said his son is ill and he had sought time to confirm his presence but the Lok Sabha refused an extension. The resignation,sent to the President with a copy to the Lok Sabha Speaker,left it unclear whether the impeachment proceedings would hold any longer. Lok Sabha secretary general T K Viswanathan conceded it is a “grey area”.

After his elevation as judge,Sen had failed to declare that he had collected an amount of Rs 33 lakh earlier as a receiver in a case. In 2008,he had turned down then Chief Justice of India K G Balakrishnan’s advice to step down because of the controversy. Even after the Rajya Sabha voted in favour of his impeachment,he had said,“I will defend myself in the Lok Sabha,but if the motion is adopted there also,I will move the Supreme Court,” Sen had said. “There is no question of resigning because I have not committed any wrong…”

Now,his lawyer Subash Bhattacharya said,“after the voting in the Rajya Sabha August 18,Sen felt he had failed to convince the members. So he decided to resign.” Bhattacharya alleged “political motivation” behind the motion.

Sen was meant to confirm his presence by August 30 but sought a day’s extension,which

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