New Delhi, September 2
Although Justice Soumitra Sen of the Calcutta High Court has resigned from his position, the impeachment motion which the Lok Sabha is to take up against him this Monday has not yet been cancelled.

The suspense lingers, with the government today saying it was yet to receive the resignation of the judge which, to be accepted by the President, has to be properly worded. The President, the final authority in the matter, will take a view on the issue and had sought the opinion of the Law Ministry and the Attorney General on the same. That being the case, the impeachment motion, already scheduled as part of government business in the Lower House for Monday and Tuesday, continues to stay where it is.

Law Minister Salman Khursheed, when asked what the position was, said: "The resignation is said to have reached the President, who will have to take a view if the same is properly worded. She will consult the Attorney General and once she has given an opinion, we will communicate the same to the Lok Sabha Speaker, who will take a final call. The Speaker will have to see if the said resignation is a clear resignation."

The government cited the relevant Article 217 (1) of the Constitution to say that a judge offering to resign has to do so "under his own hand and in his own writing." The Law Minister cited another technical issue which has to be resolved.

"We will have to seek the AG's opinion on this matter as the resignation has come while a parliamentary procedure of taking up an impeachment motion is under way," Khursheed said. Once the President accepts the resignation, the listed business of impeachment may become irrelevant. But if she does not, the process might well go on, sources in the LS secretariat said, adding that the process was in motion already.