Saturday, November 20, 2010

Judge asked to file reply by December 9

Justice Soumitra Sen of the Calcutta High Court, who has been held guilty by a parliamentary inquiry committee of “misconduct” tantamount to “misbehaviour” warranting his removal as a judge, has been asked by the Rajya Sabha Secretary-General to file a reply to the committee's report by December 9.

“We received the communication sent by the Rajya Sabha Secretary-General today [Friday],” Subhas Bhattacharya, lawyer for Justice Sen, told The Hindu here on Friday.

The indictment of Justice Sen paves the way for Parliament to take up the motion for his removal. He is the second judge in the country's history to face removal proceedings in Parliament.

“The question of his resigning does not arise as of now,” Mr. Bhattacharya said in reference to his client.

Under the Judges Inquiry Act, the motion will have to be moved in the Rajya Sabha and debated upon. Justice Sen will be given an opportunity to rebut the charges, either in person or through counsel.

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