Justice Soumitra Sen resigns

LaysyDesi

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Sen faces impeachment; says 'victim' of injustice - Hindustan Times


Explained: What does impeachment mean - India - DNA


Justice Soumitra Sen of the Calcutta High Court will be the second judge in Indian history to face impeachment proceedings for unbecoming conduct.

IANS seeks to answer some questions regarding this case that has attracted wide attention:

What is impeachment?
Impeachment literally means being charged for misconduct. Under the constitution, judges, chief justices of the Supreme Court and high courts can only be removed after being charged with "proven misconduct and incapacity" by the president of India on a motion adopted in both houses of parliament by two-thirds majority.

What is the procedure?
Each Rajya Sabha member will vote on the impeachment motion against Justice Sen, who is the first judge to face impeachment proceedings in the Rajya Sabha. Since the MPs will be acting as jury members they will face no whip.
The motion will be passed if at least 50 per cent of the MPs are present and two-thirds of them vote for the motion. If the Rajya Sabha passes the motion, it will then go to the Lok Sabha within a week.

What he has been accused of?
Justice Sen is accused of misappropriating around Rs24 lakh in the 1990s when he was a lawyer and was appointed receiver by the Calcutta High Court.

Other impeachment motions in the country?
The first case of impeachment of a judge in India was of Justice V Ramaswami of the Supreme Court in May 1993. The motion fell through in the Lok Sabha as the ruling Congress abstained from voting. Kapil Sibal, a senior Supreme Court advocate, and now a cabinet minister, defended Justice Ramaswami before the bar of the Lok Sabha.
 

Sushubh

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most judges are known to have very high egos :p i think. and since they are the judges, they know the legal system in and out. so they prefer to fight it out through the legal system.
 


S

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I watched the entire impeachment proceedings.It felt awkward that unlike in US where the accuser is called inside the chamber and sat on a court like box ,here the justice was defending him from the exist door with a makeshift tableanyways the rajya sabha mps said that its 6 pm and we have appointments so we will take this matter tomorrow.This is the attitude! and he is prolly the 1st judge to be impeached.do watch rajya sabha tomorrow.
 

LaysyDesi

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Why can't he resign and avoid this disgrace ?
Infact he claimed that he was offered Voluntary retirement or resignation for a plump govt post... when rejected this happend....

He was very vociferous in his defense... he went to accuse one CJI and threatened that he would shout from roof-tops the actually culprits who are targeting him...

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I watched the entire impeachment proceedings.It felt awkward that unlike in US where the accuser is called inside the chamber and sat on a court like box ,here the justice was defending him from the exist door with a makeshift table


anyways the rajya sabha mps said that its 6 pm and we have appointments so we will take this matter tomorrow.This is the attitude! and he is prolly the 1st judge to be impeached.

do watch rajya sabha tomorrow.
It was a first for R.S. actually... After R.S. he'll have to be present for L.S. :( How bad is that.... Atleast he should be happy... Kalamadi and Raja are not part of his impeachment... :p
 

IndianMascot

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In my Opinion, such peoples should not be given voluntry retirement, resignation or respectful exit. They should be humiliated till end and sacked out of the system.

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Ohh !! I take my words back.

This case seems to be fishy. High level Peoples trying to frame this innocent Judge. What else can we expect in Indian Judiciary. Soumitra Sen would be paying for his efforts for good deeds.
 


Saurav

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after rajya sabha, the matter would be taken up in lok sabha. but, he won't be required to be personally present in the lok sabha. read it in the newspaper today.
 

blr_p

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The motion will be passed if at least 50 per cent of the MPs are present and two-thirds of them vote for the motion.
So how soon till they vote on it in the RS ?

The motion will be put to vote on Thursday and if passed by two-thirds of the members present and voting, it will be sent to the Lok Sabha.
Thats today folks, let us know the result.

the times, they are a changing :)
 

LaysyDesi

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after rajya sabha, the matter would be taken up in lok sabha. but, he won't be required to be personally present in the lok sabha. read it in the newspaper today.
One less embarrasment for him...

Infact I felt even the M.P.s in R.S were feeling embarrassed... I am not sure someone can call names on their face, unless you hate him in some way...
 

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