The final arguments in the removal proceedings against Justice Soumitra Sen, judge of the Calcutta High Court, for his misconduct, will begin on Saturday before a three-member committee headed by Justice B. Sudershan Reddy, Supreme Court Judge.
Chief Justice of the Punjab and Haryana High Court Mukul Mudgal and noted jurist Fali Nariman are the other members of the committee, constituted by the Rajya Sabha Chairman to probe the charges against Justice Sen.
Highly placed sources told TheHindu that recording of evidence in the proceedings were completed after the framing of charges. “We have given two days for final arguments on July 17 and 18 and hope to complete them,” the sources said. Thereafter, the committee would submit a report to the Rajya Sabha Chairman.
If the committee opines that there is enough evidence for Justice Sen's removal, the Rajya Sabha would have to adopt another motion and this would have to be passed by two-thirds majority of Members of Parliament present and voting. If the motion is passed and adopted, the President would be requested to issue an order for the judge's removal.
The proceedings were initiated by the government on the advice of the former Chief Justice of India, K.G. Balakrishnan. He had written to the Prime Minister, Manmohan Singh suggesting Justice Sen's removal.
The charge against Justice Sen was that when he was a lawyer, he collected Rs. 33, 22,800 from the purchaser of goods and kept it in his savings bank account with a bank.
He was appointed a judge of the Calcutta High Court on December 3, 2003. A single judge, who heard the case, concluded that Justice Sen converted and appropriated the amount without court authority and his conduct was nothing short of criminal misappropriation. In 2006, he deposited Rs. 57, 65,204, the amount received by him as receiver along with interest.
While Justice Sen denied the charge, an in-house enquiry ordered by the then CJI found him guilty of misconduct. The committee held that there was misappropriation (at least temporarily) of the sale proceeds; mere monetary recompense under the compulsion of a judicial order does not obliterate the breach of trust and misappropriation of the receiver's funds for his personal gain, and the conduct of Justice Sen brought disrepute to the high judicial office and dishonour to the institution of judiciary, undermining the faith and confidence reposed by the public in the administration of justice.
On March 16, 2008, the Supreme Court Collegium gave a personal hearing to him and reiterated its earlier advice — resign or take voluntary retirement.
However, Justice Sen in his letter dated March 26, 2008, expressed his “inability to tender resignation or seek voluntary retirement.”
Following this, the then CJI on August 4, 2008 wrote to the Prime Minister saying, “I write this to recommend that the proceedings contemplated by Article 217(1) read with Article 124(4) of the Constitution be initiated for removal of Justice Soumitra Sen, Judge, Calcutta High Court.”
The final proceedings are to conclude nearly two years after Justice Sen's removal was contemplated.
