Date:10/09/2008 URL: http://www.thehindu.com/2008/09/10/stories/2008091061411400.htm

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Justice Sen not resigning

Special Correspondent

Kolkata: Justice Soumitra Sen of the Calcutta High Court will not resign, his lawyer Subhas Bhattacharya said here on Tuesday.

His removal has reportedly been recommended to Prime Minister Manmohan Singh by Chief Justice of India K.G. Balakrishnan.

“I am a law-abiding citizen and the law will take its own course – this is the stand taken by my client,” he told The Hindu.

“He [Justice Sen] is not resigning and now the matter is left to Parliament. He has no role to play as of now. He will be responding to the situation in accordance with how Parliament decides,” Mr. Bhattacharyya added.

“If there is any provision of making a submission [to Parliament] he will do so,” he said.

“Justice Sen has not heard anything from Parliament as yet. If Parliament rejects discussion on the issue then there is no necessity of making any submission,” Mr. Bhattacharya added.

Union Law Minister H.R. Bhardwaj reportedly said in New Delhi on Monday that the Centre has decided to approach Parliament for impeachment of Justice Sen.

This was in response to the Chief Justice of India’s letter to the Prime Minister, a copy of which had been forwarded to the Law Minister.

It was reportedly stated that Justice Sen had rejected the advice to resign or seek voluntary retirement after he was found guilty of the misconduct (related to an earlier case) in an in-house inquiry.