On Friday (20th February) fifty-eight members of the Rajya Sabha from across the political spectrum submitted a motion to Chairman Hamid Ansari for the removal of Calcutta High Court judge Justice Soumitra Sen. The motion seeks Justice Soumitra Sen's removal on grounds of misconduct.

 

The motion was filed under Article 217 of the Constitution which is to be read along with Article 124. The motion says that it seek the removal of Justice Sen for misappropriating large sums of money that he received in his capacity as receiver appointed by the High Court and misrepresenting facts with regard to the misappropriation before the High Court.

 

The signatories included leaders from various political parties including BJP, CPI-M, BSP, CPI, RSP, AIADMK, JD-U, TDP, AGP, Shiv Sena, NCP, RJD and independent candidate Bimal Jalan. According to the constitution of India 50 MPs of the Rajya Sabha could initiate an impeachment motion for a high court judge.

 

Earlier the government was unable to act on the August 4, 2008 letter of the Chief Justice of India (CJI) to the Prime Minister recommending impeachment of Justice Sen. In his four-page letter CJI has pointed out that Justice Sen was asked not to continue in his post on the basis of complaints of various acts of omission and commission. But Justice Sen decided not to step down.