Knowledge (XXG)

Soumitra Sen

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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 24 March 1993 and 5 May 1995.
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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
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However Supreme Court has the power to review the decision made by the three-member committee formed by Speaker on the grounds of proved misbehaviour and incapacity. If it's not found appropriate in terms of misbehaviour and incapacity he can be restored as a judge and no further impeachment motion
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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,
66:. He would later enroll as an Advocate on 13 February 1984. He practiced in civil and constitutional matters in both the Original Side and Appellate Side of the High Court at Calcutta and was elevated as a permanent Judge of the High Court at Calcutta on 3 December 2003. 151:
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.
177:"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. He also would not go to the Supreme Court as he has no confidence on it." 97:
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
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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.
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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
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can be started before 6 months unless the judge has been found guilty by the court. Later, Lok Sabha decided to drop the impeachment proceedings against him because he had resigned.
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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.
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in depositing the money in his personal account. Sen retained the money even after being appointed the High Court judge in 2003. It was in 2006 after HC order, he returned money.
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Ahead of the impeachment motion against him in the Lok Sabha on 5 & 6 September 2011, he resigned on 1 September 2011. In his resignation letter he said that,
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The report of the three-member committee, placed in both Houses of Parliament, said it was of the opinion that Justice Sen was 'guilty of misbehaviour' under
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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
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On 15 Jan 2012, it became public through an RTI query that Justice Sen along with his other colleague facing similar accusations Justice
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Justice Sen has been bearing the allegation of appropriating Rs 32 lakh as a court-appointed receiver in 1993 in a lawsuit between
75: 48: 227: 79: 331: 206:– former Supreme Court judge who became the first judge against whom Parliament initiated impeachment proceedings. 85:
The Chief Justice recommendation was made shortly after a three-judge inquiry committee had established Sen's
55:. Later he earned a Bachelor of Commerce degree from the Gauhati Commerce College, an affiliated college of 364: 114: 99: 63: 137: 359: 117:
judge Justice B Sudershan Reddy and had as its members Punjab and Haryana High Court Chief Justice
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passed the impeachment motion by overwhelming majority of 189 votes in favour and 17 against.
200:– former High Court Chief Justice against whom Parliament initiated impeachment proceedings. 32: 197: 184: 122: 231: 353: 203: 164: 118: 110: 222: 220: 27:. He was the first judge in independent India whose removal motion was passed in 157: 62:
He also pursued a law degree (LL.B.) from the University College of Law, of the
28: 86: 52: 20: 125:. The Committee said the charges were duly proved. 228:"Rajya Sabha Approves Impeachment of Justice Sen" 254:"Justice Sen faces impeachment in Rajya Sabha" 43:He was born on 22 January 1958. He passed the 8: 280:"Soumitra Sen resigns, saves embarrassment" 332:"Dinakaran, Sen to get retirement perks" 216: 7: 113:in February 2009. It was headed by 14: 395:Judges of the Calcutta High Court 306:"Justice Sen escapes impeachment" 230:. 18 August 2011. Archived from 76:Steel Authority of India Limited 49:Don Bosco High School, Guwahati 45:High School Leaving Certificate 1: 380:University of Calcutta alumni 80:Shipping Corporation of India 82:over supply of fire bricks. 411: 390:Impeached Indian officials 370:20th-century Indian judges 375:Gauhati University alumni 132:read with proviso (b) to 385:Don Bosco schools alumni 258:Daily News and Analysis 64:University of Calcutta 138:Constitution of India 47:Examination from the 144:inquiry committee. 25:Calcutta High Court 312:. 5 September 2011 286:. 2 September 2011 234:on 31 January 2013 103:K. G. Balakrishnan 57:Gauhati University 334:. 15 January 2012 121:and noted Jurist 402: 344: 343: 341: 339: 328: 322: 321: 319: 317: 302: 296: 295: 293: 291: 276: 270: 269: 267: 265: 260:. 17 August 2011 250: 244: 243: 241: 239: 224: 33:misappropriation 410: 409: 405: 404: 403: 401: 400: 399: 350: 349: 348: 347: 337: 335: 330: 329: 325: 315: 313: 304: 303: 299: 289: 287: 278: 277: 273: 263: 261: 252: 251: 247: 237: 235: 226: 225: 218: 213: 198:P. D. Dinakaran 194: 185:P. D. Dinakaran 173: 123:Fali S. Nariman 95: 72: 41: 12: 11: 5: 408: 406: 398: 397: 392: 387: 382: 377: 372: 367: 362: 352: 351: 346: 345: 323: 297: 271: 245: 215: 214: 212: 209: 208: 207: 201: 193: 190: 172: 169: 134:Article 217(1) 130:Article 124(4) 94: 91: 71: 68: 40: 37: 13: 10: 9: 6: 4: 3: 2: 407: 396: 393: 391: 388: 386: 383: 381: 378: 376: 373: 371: 368: 366: 365:Living people 363: 361: 358: 357: 355: 333: 327: 324: 311: 307: 301: 298: 285: 281: 275: 272: 259: 255: 249: 246: 233: 229: 223: 221: 217: 210: 205: 202: 199: 196: 195: 191: 189: 186: 181: 178: 170: 168: 166: 161: 159: 153: 149: 145: 141: 139: 135: 131: 126: 124: 120: 116: 112: 106: 104: 101: 92: 90: 88: 83: 81: 77: 69: 67: 65: 60: 58: 54: 50: 46: 38: 36: 34: 30: 26: 22: 18: 336:. Retrieved 326: 314:. Retrieved 309: 300: 288:. Retrieved 283: 274: 262:. Retrieved 257: 248: 236:. Retrieved 232:the original 204:V. Ramaswami 182: 176: 174: 165:V. Ramaswami 162: 154: 150: 146: 142: 127: 119:Mukul Mudgal 111:Hamid Ansari 107: 96: 84: 73: 61: 42: 19:is a former 17:Soumitra Sen 16: 15: 360:1958 births 310:The Pioneer 284:The Pioneer 171:Resignation 158:Rajya Sabha 78:(SAIL) and 29:Rajya Sabha 354:Categories 338:16 January 316:16 January 290:16 January 211:References 87:misconduct 70:Allegation 35:of funds. 264:23 March 238:23 March 192:See also 136:of the 93:Removal 39:History 23:of the 53:Assam 21:judge 340:2012 318:2012 292:2012 266:2012 240:2012 31:for 100:CJI 59:. 51:in 356:: 308:. 282:. 256:. 219:^ 167:. 140:. 115:SC 342:. 320:. 294:. 268:. 242:.

Index

judge
Calcutta High Court
Rajya Sabha
misappropriation
High School Leaving Certificate
Don Bosco High School, Guwahati
Assam
Gauhati University
University of Calcutta
Steel Authority of India Limited
Shipping Corporation of India
misconduct
CJI
K. G. Balakrishnan
Hamid Ansari
SC
Mukul Mudgal
Fali S. Nariman
Article 124(4)
Article 217(1)
Constitution of India
Rajya Sabha
V. Ramaswami
P. D. Dinakaran
P. D. Dinakaran
V. Ramaswami


"Rajya Sabha Approves Impeachment of Justice Sen"
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