New Delhi: The Law Commission has
suggested that an alternative mechanism should be evolved to
deal with the erring judges of higher judiciary as the
impeachment provision is not effective.
"The parliamentary procedure of impeachment is not
effective. We have to find some alternative," Law Commission
Chairman A R Lakshmanan told reporters.
The former Supreme Court judge expressed his view by
referring to the first impeachment motion against the apex
court judge V Ramaswami which was defeated on the floor of the
House in 1991 as the then ruling party did not support it.
Currently, a sitting Calcutta High Court judge
Soumitra Sen faces the possibility of impeachment in a case of
"Now it is going in a different direction," he said
referring to the statements made by Sen before the media.
The impeachment of Sen was recommended by Chief
Justice of India K G Balakrishnan last August after an
in-house inquiry held him guilty of "misconduct".
Lakshmanan, who favoured more transparency within the
judiciary, was critical of the judges indulging in giving
statements to the media when facing corruption charges.
He referred to the cash-at-judges`-door scam in
Chandigarh in which apart from in-house inquiry by the apex
Court, a CBI probe was also initiated.
"The judge (Nirmal Yadav) is giving statement to the
media," he said.
The Chief Justice had permitted CBI to examine
Justices Nirmal Yadav and Nirmaljeet Kaur, both women, whose
names have cropped up in the scam.