Hi Fellow liberals,
This issue is about IMPEACHMENT of Justice Sen of the Kolkata High Court. The approval of the Chief Justice of India has been obtained and in his opinion the impeachment proceedings should commence.
The Constitution of India provides for impeachment of the high court and supreme court justices, as they should be under no pressure or obligation and ought to fearlessly discharge their functions.
The Supreme court of india is NOT the supervisory body and was not envisaged by the constitution to put pressure on the justices of the high courts.
Here we have a justice who made it to the Bench at the age of 45 and in all likelihood wud have 17 years – at least at the high court and unreasonableness NOT interfering, would be elevated to the Supreme court, which wud extend his tenure by another 3 years. Therefore a 20 year stint!
If the press is to be believed, the issue relates to the misappropriation of Rs.25 lacs, when he was the receiver. This deed was said to have been done in the 90’s when he was still in the bar. The deeds of his past have come to haunt him. Bad TIMES.
What baffles me is the effort made by some other Judges to coax, cajole, pressurize him to resign. All in the name of Maintaining the IMAGE of the Judiciary. Resigning is an option available to the Justice when he realizes that he had done an indefensible blunder/mistake, and as a recourse towards absolution he finds himself unworthy of the constitutional post and moves out on his own.
But when other Brother and sister Judges put pressure on him, it is neither an act of self-realization nor an act reflecting his contrition, but a PEER PRESSURE. This act by the other judges, whether from the Supreme court or the other High courts is an act of COMPULSION.
The Judges are not unaware of the fact that the impeachment proceedings are cumbersome, besides bringing in division in the parliament on parochial/ partisan consideration. Justice Ramaswamy’s case is an evident example of the said consideration.
Arun Jaitely’s statement that the judges are chosen/appointed by the judges is ridiculous. The judges may not have a state machinery to find out the moral weaknesses/willful misbehaviour of the persons to be elevated. It is the Government, which should apply its resources to verify the character of the persons to be elevated to the bench.
The CJI has given his opinion on the issue and the matter is to be looked into by the Govt.,and further by the parliament if it were to pass the mandatory hurdles.
IT IS NOBODY’S BUSINESS TO PUT PRESSURE ON JUSTICE SEN- MUCH LESS THE OTHER JUSTICES, AND LET US UPHOLD THE INDEPENDENCE OF THE JUDICIARY.