Ministry unsure if Kolkata judge should be impeached

“The impeachment process is almost like a court process. We will have to establish that he committed misconduct after his appointment as a judge. However, in this case, Justice Sen’s alleged misconduct relates to his working as a lawyer. This is why we need to be certain that the action, because of which his removal from office has been sought, will stand scrutiny before Parliament,” said a senior officer of the ministry.

Under the Judges Inquiry Act 1968, Parliament through the Speaker of the Lok Sabha or the Chairman of Rajya Sabha can set up a committee of three persons to inquire into the conduct of a judge. The report of this committee is binding on Parliament. “If this committee finds a judge innocent, then Parliament cannot proceed further,” pointed out the officer.

On his part, despite suggestion by the CJI, Sen has refused to put in his papers. His lawyer has asserted that the judge would defend himself before Parliament if need be.

As first reported by The Indian Express, CJI K G Balakrishnan sometime back wrote to the Prime Minister seeking Sen’s removal as he had been found to have indulged in financial misconduct prior to his elevation as High Court judge in December, 2003. Sen, working as court-appointed receiver in a lawsuit between Steel

Authority of India Ltd and Shipping Corporation of India, had deposited Rs 32 lakh received by him on behalf of SAIL in his personal account.