Apex court dismisses plea on Soumitra Sen impeachment

November 25th, 2011 - 7:16 pm ICT by IANS  

New Delhi, Nov 25 (IANS) The Supreme Court Friday dismissed a petition seeking the quashing of Rajya Sabha proceedings on the impeachment of Justice Soumitra Sen, then a judge of the Calcutta High Court judge, on charges of misappropriation.

A bench of Justice Aftab Alam and Justice Ranjana Prakash Desai, while dismissing the plea, told petitioner’s counsel Sivan Madathil: “You are a lawyer. You know the consequences of striking down Rajya Sabha proceedings.”

The petition was moved by Subasis Chakraborty, Sen’s junior when he was practicing in the Calcutta High court.

As counsel Madathil sought to make his point, Justice Alam asked him: “You are asking for the quashing of the proceedings before the parliament.”

The petitioner had contended that the impeachment proceedings against Sen were “arbitrary” and “unconstitutional”.

Sen was held guilty by the Rajya Sabha of allegedly misappropriating Rs.33.23 lakh in 1983 when he was appointed a receiver by the high court.

The upper house had Aug 18 adopted a motion to impeach Sen with 189 members voting in favour and 16 against, after he had put up a spirited defence.

The Lok Sabha dropped the impeachment proceedings the next month after Sen resigned just five days before it was to take up the impeachment proceedings.

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