Justice Soumitra Sen Guilty : Rajya Sabha Inquiry Committee

Source : Indlaw.com

Justice Sen

A report of the Inquiry Committee of the Rajya Sabha has found Justice Soumitra Sen of the Calcutta High Court guilty of misbehaviour in connection with the two charges he faced involving corruption. 

The report was tabled in the Rajya Sabha today. 

The Committee headed by Supreme Court Justice B Sudershan Reddy have found Justice Sen guilty of misbehaviour under Article 124 (4) read with proviso (b) to Article 217(1) of the Constitution. 

Justice Mukul Mudgal, Chief Justice of Punjab and Haryana Court and noted jurist Fali S Nariman were the other members of the Committee constituted by Rajya Sabha Chairman Hamid Ansari. 

In the two-volume report, the Committee found Justice Sen guilty of misappropriation of large sums of money received in his capacity as receiver appointed by the High Court of Calcutta. 

The panel has also upheld the charge that the offending judge had made false and misrepresented statements regarding the misappropriation of money before the High Court. 

The panel said that Justice Sen gave no evidence before the Committee nor made any statement nor even personally attended any of the hearinings to enable the inquiry committee to be assured from Justice Sen himself on how Rs 33,22,800 was actually invested and where and how this amount had been expended in his capacity as a receiver. By refusing to personally participate in the hearings the judge had denied himself an opportunity of giving explanation (if had any). 

The Rajya Sabha Chairman had admitted a notice for motion of Sitaram Yechuri and 57 other MPs seeking the removal of Justice Sen from the Calcutta High Court on two grounds -- misappropriation of large sums of money which he had got in his capacity as receiver of the High Court and misrepresentation of the facts with regard to misappropriation of money before the High Court. 

The inquiry committee was appointed by a notification on December 16, 2009.

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