India | Posted on Sep 08, 2008 at 10:16pm IST

HC judge misused funds, to be impeached

Ashok BagriyaAshok Bagriya, CNN-IBN

New Delhi: Calcutta High Court judge, Soumitra Sen will be the second judge in Independent India's history to face impeachment proceedings. In an unprecedented move, Chief Justice of India, K G Balakrishnan has written to the Prime Minister seeking Justice Sen's removal from the judiciary.

Justice Sen stands convicted of using the court's money for personal use, while he was an advocate in 1993. The political class has been quick to react.

Union Law Minister, H R Bhardwaj said, "We will move impeachment proceedings against him."

The leader of the judiciary has done his job. The focus now is on the political fraternity to move quickly.

But the road to impeachment of a judge is a difficult one. The only other impeachment motion moved against Justice Ramaswamy of Punjab and Haryana High Court could not be passed in 1992.

An impeachment motion can be brought in Parliament if it is supported by 100 MPs of the Lok Sabha or 50 MPs of the Rajya Sabha.

A committee of judges then probes the allegations, but a judge can be removed only and only if both Houses of Parliament passes this proposal by a two thirds majority.

Senior law counsel, Fali Nariman says, "The CJI needs to be congratulated because he has shown the way."

The irony is that incidents like these shake the belief of the common people in the judiciary but they are the last resort for getting justice done in India.

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