Thursday, September 18, 2008

RESPECTABLE! OH NO! RESPECTABLE

the impeachment of judge

On August 2, 2008 in a letter addressed to the Prime Minister, the Chief Justice recommended the impeachment of judge Soumitra Sen of Calcutta High Court.
Judge Sen is accused of having been involved in financial misappropriation before he was appointed as a judge. It is reported that in 1984 while judge Sen was practicing as a lawyer he was appointed as the receiver in a dispute concerning the Steel Authority of India. It is alleged that in the capacity of the receiver he misappropriated a sum of INR 2,500,000 [USD 59523], which judge Sen reportedly paid back on orders from the court. Later, he was appointed a judge at the Calcutta High Court in 2003.
A judge accused of corruption facing impeachment, a process by which a sitting judge could be removed from service in India. A court of law, a public office demands scrupulous impartiality and untainted personality.
There are similar allegations against some judges in India. But not a single judicial officer was impeached so far. The only exception was the case of judge V. Ramaswami who faced impeachment in 1991, an attempt that failed due to the absence of a political consensus. It is expected that history will not be repeated. If it is repeated it would be a shame upon the Indian judiciary and its accountability.

JUDGES IN PROVIDENT FUND SCAM ?
NEW DELHI: Faced with accusations having the potential to unhinge the traditional public perception of the judiciary’s clean image, the SC on Monday decided to examine the possible mode of probe into the Rs 23 crore illegal PF withdrawal scam allegedly involving 23 judges, including some from the HCs and one from the apex court.
The difficult question on the mode of probe was posed by a petitioner, who is the chairman of Advocates Welfare Trust and Bar Association of Ghaziabad — the place where the scam took place — even as CJI K G Balakrishnan had shown faith in the integrity of the judges by asking the UP police, which is probing the scam, to send questionnaires to the judges, whose names allegedly figured in the scam.

cARTOON: Albert Ashok

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