M A I N   N E W S

Meanwhile, Sen won’t quit, will face Parliament

Kolkata, September 9
Justice Soumitra Sen, against whom the Chief Justice of India has recommended impeachment, is not considering resignation and will defend himself as and when required, his counsel has said.

"At this stage he is not considering resignation," senior counsel Subhas Bhattacharya, who is representing Justice Sen of the Calcutta High Court, said.

"If showcaused by Parliament, he will appear before it. He will defend himself in accordance with the law," Bhattacharya said.

Justice Sen's wife, Anuradha Sen, said the judge was not taking calls or talking to the media as it was a 'sensitive issue'.

Sen will face impeachment proceedings in Parliament with the government accepting Chief Justice of India's recommendation to the Prime Minister for his removal on charges of serious financial 'misconduct', the second-ever such action against a member of the higher judiciary.

In an internal inquiry held by Chief Justice K G Balakrishnan on the matter, Sen, then a practising lawyer, was allegedly found to have indulged in financial misconduct prior to his elevation as High Court judge in December, 2003.

He is said to have received Rs 32 lakh as court-appointed receiver in a lawsuit between SAIL and the Shipping Corporation of India and accused of depositing the amount in his personal account.

Bhattacharya claimed that the case pertained to a period when Sen was not a judge and was a receiver of the High Court. — PTI

Cash scam: CJI’s orders prelude to further action
Saurabh Malik
Tribune News Service

Chandigarh, September 9
The Chief Justice of India, Justice K.G. Balakrishnan’s reported permission to the Central Bureau of Investigation to examine Justice Nirmal Yadav and Justice Nirmaljit Kaur of the Punjab and Haryana High Court is being seen as a prelude to further action.

While Justice Nirmaljit Kaur is responsible for the registration of a case alleging attempts to bribe a judge following the erroneous delivery of Rs 15 lakh at her house, statements of the accused indicate the money was meant for Justice Nirmal Yadav.

Already, additional advocate-general of Haryana Sanjeev Bansal and three others have been arrested, following investigation into the scam. A section of the High Court Bar is certain that the permission to examine Justice Nirmal Yadav is an indicator of the fact that the Chief Justice of India is prima facie convinced that a case is made out against her.

Justice Nirmal Yadav has gone on leave after Chief Justice Tirath Singh Thakur took serious note of the scam. Justice Yadav is unlikely to have gone on leave voluntarily, whatever her claims. As of now, a three-member committee of two Chief Justices and a high court judge is looking into the matter.

It seems that Justice Nirmal Yadav may soon find herself giving explanations to the premier investigating agency about her “acquaintance with accused Ravinder Singh” and other related issues.

So far the allegations against her are that the money sent by Delhi-based businessman Ravinder Singh, through Haryana’s former law officer Bansal, was to be delivered at her residence. The money was to be used for a land deal in Himachal Pradesh.

Justice Yadav is said to have purchased property jointly with her relatives near Solan in Himachal Pradesh. A Chandigarh police team only recently reached Solan in this connection for investigation.

It is still not clear why Ravinder Singh had allegedly agreed to send her the money and what was Bansal’s interest in the entire transaction. The CBI, it is assumed, will try to find out answers to these and other questions by examining Justice Nirmal Yadav. The investigating agency is then expected to report the matter to the CJI and the three-Judge inter-high court committee.

Whatever her explanation, if the CJI and the committee members are not convinced, Justice Nirmal Yadav may find herself facing action.

The permission, on the other hand, is expected to give Justice Nirmaljit Kaur an opportunity to put the entire episode in perspective. As the complaint was forwarded to the police on her behalf, her testimony is integral to the case. It is believed that Justice Nirmaljit Kaur has since long been awaiting a chance to put things straight.