Subject: justice sen's letter to LS Speaker
Respected Madam, With a very heavy heart and a deep sense of anguish I am
writing this letter to you. I was elevated as a
Judge of Calcutta high court on 3rd December 2003.
Till such time I carried on with my judicial functions no one either from
the Bar or from the Civil Society has raised any complaint regarding my
integrity honesty and competence.
There is no complaint against me even today regarding my conduct as a Judge
while discharging my judicial functions or my conduct as a judge outside
the Court.
I am not guilty of any form of corruption, there is no allegation against
me that I am guilty of passing any order or judgment for extraneous
consideration or that I have abused my power in any way so that my family
or relatives or acquaintances have amassed wealth, but sadly I am still
facing a motion for impeachment.
In every case that has come so far before the Parliament for impeachment
there were serious allegations of misbehaviour as a judge as contemplated
under Article 124(4) read with 217 of the Constitution of India.
However my case is unique and perhaps this for the first time and hopefully
the last that my conduct as a junior Advocate nearly 19 years ago is being
looked into for proceeding with the Motion for impeachment despite a
judgment passed by the Hon'ble Division Bench of the Hon'ble Calcutta high
court clearing me of all charges.
It seems that in the wake of a tsunami like wave that has arisen in this
Country, I am being swept away by such a wave. In the anxiety to take
definitive action against corruption even a Judgment passed by a competent
Division Bench is being completely brushed aside with the remark that the
Hon'ble Judges of the Division Bench have favoured me. Parliamentary Rules
barring discussion in a motion regarding abstract questions of Law which
also involves such discussions in this matter has been given a go bye.
Further, Parliamentary Rules also prohibits moving of a motion in relation
to matter which is subjudice, in this case the main application and the
suit are still pending before the Calcutta High Court. The liberty given to
me by the learned single Judge by an order dated 31st July 2007 is still
available to me. Even then the Motion is being proceeded with.
Respected Madam, it is needless to mention that a Judgment remains a
Judgment, until it is set aside by a Higher Judicial forum. Fair criticism
of a Judgment is permissible but correctness and/or incorrectness thereof
cannot be questioned by any one other than before a higher judicial forum.
Respected Madam, you are perhaps aware of the Charges against me. The first
charge clearly indicates that it is outside the scope and purview of
Article 124(4) read with 217 of the Constitution of India, as the
investigation into the said charge would necessarily be in respect of an
Advocate Receiver and not a Judge in office. The Calcutta High Court is a
Court of Record under Article 215 of the Constitution of India, having
plenary power to punish for offences committed to it. It is needless to
mention that an Advocate Receiver appointed by the Court is an office of
Court and not a public servant.
Therefore only the Court appointing the Receiver has the power to either
punish or exonerate its own officers. In this case my conduct as a Receiver
for committing the alleged offences have been duly examined by a Division
Bench, which has found me not guilty as charged. Even then impeachment
proceeding has been initiated against me.
A Judge is also a citizen of this Great Nation and my fundamental right
guaranteed under Article 14 of the Constitution of India cannot be denied.
The fundamental right guaranteed under the Constitution of India can only
be suspended in a state of emergency under Article 352 of the Constitution
of India. In the instant case it has been argued in support of the Motion
before the Rajya Sabha that in case of larger public interest there is no
binding force of Judicial Order.
Respected Madam, I do not come from a family of Judges or politicians. I
was born and brought up in Assam and came all the way to Calcutta to try my
luck. By the grace of God and the hard work I put in as a Lawyer my name
was suggested for being appointed as a Judge by the senior Judges of the
Calcutta High court who have seen me appearing before them day after day
and arguing matters with honesty integrity and competence.
I had a fairly lucrative practice which I gave up not to amass wealth by
resorting to corruption but to serve the august institution being the
judiciary and consequently the Nation. I have tried to serve in accordance
with oath of office to the best of my ability. Therefore it hurts, when
charges are leveled against me as a Judge.
My action as an Advocate has not caused prejudice to any one, who is really
interested in the matter. I may have made mistakes as a junior advocate 19
years from now but then who is above making mistakes, no human being is
infallible, but to accuse me of dishonest intention as a judge or otherwise
I firmly repudiate and that is why in spite of being offered V.R.S
(Voluntary Retirement Scheme) in lieu of resignation was not accepted by
me. If I really had dishonest intention I would have taken the easy route
of either resigning or accepting VRS instead of facing the ignominy of
being the first Judge of Independent India to be Impeached.
It is my conviction, which I shall carry till my end, that I am not guilty
as charged. Facts can be presented in either way but when there is serious
lack of evidence which I have repeatedly pointed out; a High Court Judge
cannot be impeached merely on the basis of presumption of guilt based upon
certain error of judgment committed as a junior Advocate more than a decade
prior to his elevation. It seems my conduct as a Judge in carrying out my
judicial functions and out side the court as a judge has become
inconsequential.
In the present mood of the Country, where the Civil Society has raised
their voice against serious issues of corruptions regarding scams involving
hundreds and thousands of crores, my lone voice that I am not guilty as
charged cannot be heard. I wonder, whether my issue is the real issue of
corruption and abuse of power by people in high places or I am being made a
sacrificial lamb in the alter of justice as a showcase to tell the Nation
that at least something has been done to clean the Institution from
corruption.
Respected Madam, certain allegations have been leveled against me in my
absence before the Rajya Sabha that I have mislead the House. I did not get
any chance to rebut such allegations. Considering the fact similar
procedure has been adopted before the Lok Sabha that I will not get any
chance of rebuttal, I would like to bring to your kind attention certain
facts which will prove beyond doubt that I have not mislead the House. The
correct facts are set out in an enclosure to this letter.
Honestly and humbly I apprehend that as Hon'ble Members of Rajya Sabha of
different parties have already expressed their views and I feel that it may
not be reasonable for me to take the time of this August House for my
defense, and also in view of the fact that I am being allotted a fixed time
which I respectfully submit is inadequate, for properly making my
submission before the Hon'ble House and also in view of the fact that I
shall have no chance of rebuttal in respect of the submission that will be
made by Hon'ble members in my absence in House, it may not be proper for me
to take the time of the House further as it appears to be a foregone
conclusion. This apprehension has turned into a conviction by reason of the
fact that some members in spite of expressing reservations to vote in
favour of the Motion but nonetheless have voted as they were morally bound
to support the Motion as they have signed it, and as such I have decided
humbly to submit my resignation to the Hon'ble Rastrapatiji for her kind
consideration and acceptance.
Thanking you
Yours Sincerely
Soumitra Sen
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