M A I N   N E W S

impeachment proceedings begin
I’m being victimised: Justice Sen
Ashok Tuteja & Vibha Sharma
Tribune News Service

New Delhi, August 17
In what turned out to be a historic day for the Parliament, the Rajya Sabha today became a virtual courtroom as Justice Soumitra Sen of the Calcutta High Court appeared before the House to defend himself in an impeachment motion moved against him by CPM leader Sitaram Yechury on grounds of financial irregularities.

Sen in the second judge in India’s history after Justice V. Ramaswami of the Supreme Court (May 1993) to face impeachment proceedings for unbecoming conduct. The motion against Ramaswami had, however, fallen through in the Lok Sabha as the ruling Congress abstained from voting.

In his almost two-hour defence, Sen stood at a especially erected bar posted at the gate facing Chairman Hamid Ansari, rejecting all the charges levelled against him and pleading innocent on every count. He said the allegations against him were only in the form of “adverse observations” by a single judge and subsequently by an in-house Committee.

In fact, had Leader of Opposition Arun Jaitley not spoken immediately after him, Sen might have walked away with the sympathy of those who had not closely scrutinised the charges against him. Jaitley, himself a lawyer, systematically demolished the arguments placed before the House by Sen, building a strong case against the Calcutta High Court judge.

“In a matter of probity, there is no right of equality. To discredit other judges is not an argument available to any judge,” Jaitley said. He accused Sen of misrepresenting facts and mixing two separate cases to build a case in his favour. “We are living in changed times when judges will have to realise they are no longer living in ivory towers.”

Moving the motion, Yechury said it was by accident and not be design that the motion was being taken up the House on a day when the Anna Hazare-led movement against corruption had spread to different parts of the country. He made it clear that the motion was not against judiciary but was aimed at strengthening the judiciary.

Appearing before the House after Yechury moved the motion, Sen said the allegations of misconduct and misappropriation of funds against him were aimed at victimising him in a pre-determined move.

Sen maintained that his conduct as a judge was never under question, asserting that allegations of misappropriation against him were in his capacity as a receiver of the High Court in Calcutta and not as a Judge “Is there a single allegation against me on the judicial side?” he asked.

In an indirect reference to a former Chief Justice of India against whom some serious charges have come to light, Sen asserted that he himself had neither been held guilty of “land grabbing or amassing wealth” and nor were there any allegations against his relatives.

Charges against him

• Misappropriation of large sums of money, which he received in his capacity as receiver before his elevation to the High Court.
• He misrepresented facts with regard to the misappropriation of money before the High Court.