New Delhi:
Facing impeachment proceedings in the Rajya Sabha, Justice Soumitra Sen of the Calcutta High Court today asserted that he was not guilty of financial irregularities and the allegations of misconduct and misappropriation of funds against him were aimed at victimising him in a pre-determined move.
Given 90 minutes to present his case in front of the House, Justice Sen pleaded for justice. "I have exhausted my remedies in accordance with law. I have come here to seek justice. If you impeach me, it will be the gravest of injustice done ever. Kindly apply your mind before deciding on the judgement, as it is a question of my life," he said.
He said, even if he was impeached, he would "scream from the rooftop that I have not misappropriated...I am being made a sacrificial lamb to cleanse the judiciary."
The proceedings come after the controversial judge was found guilty by a special committee constituted by Rajya Sabha chairman Hamid Ansari. The committee found charges of financial irregularities against Justice Sen to be correct. He is accused of misappropriating nearly Rs. 24 lakh in the 1990s when he was a lawyer and was appointed receiver by the Calcutta High Court.
The Upper House had turned into a courtroom this afternoon with each member turning jury member to vote on the impeachment motion against Justice Sen.
CPI(M) leader Sitaram Yechury set the ball rolling as he moved the impeachment motion against the judge in the House, following which Justice Sen was given 90 minutes to present his case. The Opposition will speak next as the House deliberates on the matter. Since MPs will be acting as jury members, they will face no whip. The motion will be passed if at least 50% of the MPs are in attendance and two-thirds of them vote for the motion.
To ensure that the motion goes through, the Opposition led by the Bharatiya Janata Party (BJP) had earlier accepted the Left's request to reject a demand for a three-day boycott of the House over Mr Hazare's arrest.
If the Rajya Sabha passes the motion, it will then go to the Lok Sabha within a week. Under the Constitution, a judge of a high court or the Supreme Court can be removed by the President by a motion adopted in both the Houses of Parliament by two-thirds majority in the same session on "proved misconduct and incapacity".
Something that saw the first-ever case of impeachment of Justice V Ramasami of the Supreme Court fall through in May 1993 in the Lok Sabha as the ruling Congress abstained from voting. During that time, Union Minister Kapil Sibal, a senior advocate also, had appeared for Justice Ramasamy before the bar of the Lok Sabha.
Hence, Justice Sen's fate will depend on what stand the UPA takes.
If Justice Sen's impeachment motion moves through both the Houses, he will become the first Indian judge to be removed by the Parliament.
(
With agency inputs)