How to Judge a Judge; Times of India; Sept 10, 2008
The possibility of an impeachment motion against a Calcutta high court judge, Soumitra Sen, comes close on the heels of a slew of corruption charges against the judiciary.
The possibility of an impeachment motion against a Calcutta high court judge, Soumitra Sen, comes close on the heels of a slew of corruption charges against the judiciary.
A Supreme Court bench on Tuesday said it was time to stem the rot that seems to have crept into the judicial system. “The time has come because people have started categorising some judges as very honest despite it being the foremost qualification of any judge. It is the system.
The much respected judiciary is caught on the backfoot. Suddenly, charges and accusations of corruption against judges, always talked in hushed tones in court corridors, are flying thick and fast — all in the open. Weighed down by the gravity and the spread — from Kolkata to Punjab — of the accusations and perturbed by the southward trend of the judicial index in public, the Supreme Court on Tuesday conceded, “The rot has set in.”
Justice Soumitra Sen of the Calcutta High Court will not resign, his lawyer Subhas Bhattacharya said here on Tuesday.
The most crucial attribute of democracy is its rule of law. An independent and impartial judiciary has the responsibility to ensure that authority governs through the rule of law.
If Calcutta High Court judge Soumitra Sen is impeached, it will be an unprecedented event as the previous impeachment of Justice V Ramaswamy in 1991 failed to pass muster in the Lok Sabha as the then Narasimha Rao government failed to take a position on the issue.
Unprecedented as it is, Chief Justice of India K G Balakrishnan's recommendation to the government for the removal of Calcutta High Court judge Soumitra Sen has exposed a legal lacuna. For, Judges (Inquiry) Act 1968 does not
envisage a contingency where the judiciary approaches the executive for the removal of a judge; the impeachment process provided by it is entirely in the domain of Parliament.
The Centre will move an impeachment motion against Calcutta High Court judge Soumitra Sen on a recommendation by Chief Justice of India K G Balakrishnan seeking his dismissal for corrupt practices which have brought disrepute to the judiciary.
For only the second time in the history of India’s higher judiciary, the Chief Justice of India has recommended that a judge be removed from “service”.
The Supreme Court on Monday posted for hearing in an open court on July 17 a petition seeking a CBI probe into what is called the “Ghaziabad judges scam”.