As many as 189 members voted in favour of the motion to impeach the 53-year-old Judge after a two-day debate on the issue, while 17 members voted against it.
After Rajya Sabha, the impeachment motion will now be taken up by the Lok Sabha which is expected to deliberate on it on August 24 and 25. If Lok Sabha approves the impeachment motion, Justice Sen would be the first sitting judge to be removed by the country’s Parliament.
Justice Sen’s case is, however, the second such attempted move of the Indian Parliament. The first such case was the impeachment motion in Lok Sabha (Lower House) of Justice V. Ramaswami of the Supreme Court in May 1993 which fell due to lack of numbers after Congress members abstained. Incidentally, Union Minister Kapil Sibal who was then a senior advocate, had presented the case of Justice Ramaswami before the Lower House.
But Justice Sen’s case is the first-ever impeachment motion of a sitting judge moved in the Rajya Sabha (Upper House).
All parties with the exception of BSP were of the view that Justice Sen was guilty of misappropriating Rs. 33.23 lakh which were under his custody as a court-appointed receiver in the capacity as a lawyer and misrepresenting facts before a Calcutta court.
Impeachment proceedings followed motions moved by Sitaram Yechury (CPI-M) and Leader of the Opposition Arun Jaitley after an Inquiry Committee, appointed by the Rajya Sabha Chairman and headed by Supreme Court Judge B Sudershan Reddy, held Justice Sen guilty of misconduct.
Justice Sen on Wednesday appeared before the House and strongly defended himself arguing that he was a “victim” and appealed to members to vote by conscience. The House, however, rejected his defence. Unlike Justice Ramaswami, Justice Sen presented his case personally backed by two lawyers.
After the impeachment motion was passed, Justice Sen said : “I am extremely disappointed.”
The Chief Justice of the Sikkim High Court, PD Dinakaran against whom the Rajya Sabha Chairman had set up a judicial panel to enquire into allegations of corruption, had resigned on July 29, 2011 before an impeachment motion could be initiated against him.