`Justice Sen`s impeachment not unconstitutional`
New Delhi: The Supreme Court on Friday refused
to declare as unconstitutional the impeachment proceedings
that had been initiated against former Calcutta High Court
judge Soumitra Sen.
A bench headed by Justice Aftab Alam dismissed a PIL
filed by an advocate who was junior to Sen when he was
a practicing lawyer.
Refusing to entertain the petition filed by Subhasish
Chakraborty, the bench said that it cannot interfere with
The impreachment process, however, could not be concluded
as the high court judge resigned five days before the matter
was to be taken up in Lok Sabha.
The petitioner had alleged that the proceedings against
Sen were "arbitrary" and "unconstitutional" and they should be
The bench, however, was not satisfied with his
submissions and dismissed the petition.
Impeachment process against Sen were initiated for his
alleged irregularities and misconduct. An Inquiry Committee,
set up by Rajya Sabha Chairman, had held Sen guilty of
Rajya Sabha had passed the motion against Sen, the first
judge to have been impeached by the Upper House for
Sen, however, faxed his resignation to President
Pratibha Patil on September 1, five days ahead of the process
being initiated in Lok Sabha.
Sen was found guilty of misappropriating Rs 33.23
lakh under his custody as a court-appointed receiver in the
capacity as a lawyer and misrepresenting facts before a
Calcutta court in a 1983 case.