Skip to main content

Soumitra Sen




  • Soumitra Sen is a retired judge of the Calcutta High Court. He was the first judge in independent India to be impeached in India's Rajya Sabha for misappropriation of funds.
  • Justice Sen was held guilty of misappropriation of public funds he received in his capacity as receiver appointed by the High Court of Calcutta and misrepresenting facts with regard to it by a committee of three judges set up by former CJI K. G. Balakrishnan in 2007. A year later, Justice Balakrishnan recommended his impeachment to the PM, after which a legal opinion obtained by the law ministry endorsed the judges' committee report.
  • In 2009, 58 MPs of the Rajya Sabha moved a motion for impeachment of Calcutta High Court Judge Soumitra Sen for his involvement in financial misappropriation. Probe panel was set up by Rajya Sabha chairman Hamid Ansari in February 2009. It was headed by SC judge Justice B Sudershan Reddy and had as its members Punjab and Haryana High Court Chief Justice Mukul Mudgal and noted Jurist Fali S. Nariman. The Committee said the charges were duly proved.
  • Article 124(4) when read with proviso (b) to Article 217(1) states that a judge of a high court shall not be removed from his office except on the grounds of 'proved misbehaviour'. The prefix 'proved' only means proved to the satisfaction of requisite majority of Parliament, if so recommended by the inquiry committee.
  • The report said the oral and documentary evidence had established that two separate accounts were opened by Justice Sen as "receiver" in his own name and a total sum aggregating to Rs 33, 22, 800 being the sale proceeds of goods were brought into the two accounts between March 24, 1993 and May 5, 1995.
  • The indictment of Sen paved way for Parliament to take up the impeachment of the judge who had been found guilty of collecting Rs 33,22,800 from a purchaser of goods, keeping it in a savings bank account and misrepresenting facts to the high court.
  • Subash Bhattacharya the lawyer of Justice Soumitra Sen said that his client is innocent and he will prove he is innocent. As per the Judges Inquiry Act, the motion was moved in the Rajya Sabha and debated upon. Sen was given an opportunity to defend himself through his counsel. 
  • On 18 August 2011, Rajya Sabha passed the impeachment motion by overwhelming majority of 189 votes in favour and 17 against.
  • This is the second case in the history of the country in which Parliament has initiated proceedings for removal of a judge. The first involved Justice V. Ramaswami.
  • Ahead of the impeachment motion against him in the Lok Sabha on September 5 & 6, 2011, he resigned on September 1, 2011. In his resignation letter he said that, "Since the Rajya Sabha has decided in its wisdom that he should not continue as a judge, he has decided not to go to the Lok Sabha, and put in his papers instead."
  • On Jan 15, 2012, it became public through an RTI query that Justice Sen along with his other colleague facing similar accusations Justice P. D. Dinakaran will keep getting their post-retirement benefits, even though they resigned ahead of impeachment proceedings against them, as there are no Constitutional or statutory provisions restricting their entitlements in such a scenario.

Comments

Popular posts from this blog

Janani Shishu Suraksha Karyakram

FEATURE H&FW B.   Narzary * Reducing the maternal and infant mortality rate is the key goal feature of the Reproductive and Child Health Programme under the National Rural Health Mission. Several initiatives have been launched by the Ministry of Health & Family Welfare under the Mission including  Janani   Suraksha   Yojana , a key intervention that has resulted in phenomenal growth in institutional deliveries with more than one  crore  women  beneficiaries  annually. JSY was launched to promote institutional deliveries so that skilled attendance at birth is made available  and  mothers and new born babies can be saved from pregnancy related complications and deaths.

NIOS to open study centre at Gaghidh central jail

Jamshedpur : In a boost to increase educational opportunities for inmates of the Gaghidih central jail, the prison administration has joined hands with National Institute of Open Schooling (NIOS). The NIOS regional office has agreed to open study centre in the Gaghidih jail next month. To start with, 30 inmates of the jail will pursue matriculation and senior secondary board examinations through NIOS study centres. "Initially, 30 inmates will pursue their academic career through NIOS and the classes shall begin by July," said jail superintendent Tushar Ranjan Gupta. The state government will bear the study expenses of the inmates. The NIOS will charge about Rs 2,000 from each inmate who seeks to appear in any of the two examinations. The institute will conduct biennial examinations In April and October every year. According to sources, out of the 12-odd CPI (Maoist) rebels who are currently lodged in the jail, a few have expressed their desire to pursue studies

Preamble : Constitution of India : IAS Notes

Pic courtesy : http://hyderabad-india-online.com/ Preamble - Bare -  http://www.ankitrajvanshi.in/2012/11/preamble-bare.html "Preamble is a microcosm of the constitution and is a key to the constitution." Preamble is not enforceable Words socialist, secular and integrity  was added by the 42nd constitutional amendment of 1976 Preambular values Sovereignity : Sovereignity is a characteristic of the government. It means that there is no authority above the government either outside or inside the country. ** Preamble of India establishes popular sovereignity and not parliamentary sovereignity. Socialist : Socialism means ownership of productive forces by the government so that they benefit people equitably. Secular : Secularism means separation of religion from politics. Religion is private while politics is public. Democracy : Democracy means rule by the people. Republic : Republic is a political order in which the supreme power lies in a body of citizens.