Soumitra Sen

Soumitra Sen is a retired judge of the Calcutta High Court. He was the first judge in independent India to be impeached in India's Rajya Sabha for misappropriation of funds.

History

He was born on January 22, 1958. He passed the High School Leaving Certificate Examination from the Don Bosco High School, Guwahati in Assam. Later he earned a Bachelor of Commerce degree from the Gauhati Commerce College, an affiliated college of Gauhati University.

He also pursued a law degree (LL.B.) from the University College of Law, of the University of Calcutta. He would later enroll as an Advocate on February 13, 1984. he practised in civil and constitutional matters in both the Original side and Appellate Side of the High Court at Calcutta and was elected as a permanent Judge of the High Court at Calcutta on December 3, 2003.

Allegation

Justice Sen has been bearing the allegation for appropriating Rs 32 lakh as a court-appointed receiver in 1993 in a lawsuit between Steel Authority of India Limited (SAIL) and Shipping Corporation of India over supply of fire bricks.

The Chief Justice recommendation was made shortly after a three-judge inquiry committee had established Sen's misconduct in depositing the money in his personal account. Sen retained the money even after being appointed as the High Court judge in 2003. It was in 2006 after HC order, he returned money.

Impeachment

Justice Sen was held guilty of misappropriation of public funds by a committee of three judges set up by former CJI K G Balakrishnan in 2007. A year later, Justice Balakrishnan recommended his impeachment to the PM, after which a legal opinion obtained by the law ministry endorsed the judges' committee report.

In 2009, 58 MPs of the Rajya Sabha moved a motion for impeachment of Calcutta High Court Judge Soumitra Sen for his involvement in financial misappropriation. Probe panel was set up by Rajya Sabha chairman Hamid Ansari in February 2009. It was headed by SC judge Justice B Sudershan Reddy and has as its members Punjab & Haryana High Court Chief Justice Mukul Mudgal and noted Jurist Fali S Nariman.

The Committee, headed by Supreme Court Judge B Sudershan Reddy, said the charges of 'misappropriation of large sums of money' which Sen received in his capacity as receiver appointed by the High Court of Calcutta and misrepresenting facts with regard to it were duly proved.

Judicial committee set up by Rajya Sabha Chairman Hamid Ansari found Justice Soumitra Sen guilty of misappropriating 'large sums' of funds and making false statement regarding it.

The report of the three-member committee, placed in both Houses of Parliament, said it was of the opinion that Justice Sen was 'guilty of misbehaviour' under Article 124(4) read with provison (b) to Article 217(1) of the Constitution of India.

Article 124(4) when read with provison (b) to Article 217(1) states that a judge of a high court shall not be removed from his office except on the grounds of 'proved misbehaviour'. The prefix 'proved' only means proved to the satisfaction of requisite majority of Parliament, if so recommended by the inquiry committee.

The indictment of Sen paves way for Parliament to take up the impeachment of the judge who has been found guilty of collecting Rs33,22,800 from a purchaser of goods, keeping it in a savings bank account and misrepresenting facts to the high court.

Subash Bhattacharya the lawyer of Justice Soumitra Sen said that his client is innocent and he will prove he is innocent.

As per the Judges Inquiry Act, the motion will now have to be moved in the Rajya Sabha and debated upon. Sen will be given an opportunity to defend himself through his counsel.

The report said the oral and documentary evidence had established that two separate accounts were opened by Justice Sen as "receiver" in his own name and a total sum aggregating to Rs33, 22,800 being the sale proceeds of goods were brought into the two accounts between March 24, 1993 and May 5, 1995.

This is the second case in the history of the country in which Parliament has initiated proceedings for removal of a judge. The first involved Justice V Ramaswami. The committee was constituted by Ansari in March last year under the Judges (Inquiry) Act 1968.

References

http://www.ndtv.com/article/india/rajya-sabha-votes-in-favour-of-justice-soumitra-sens-impeachment-127454