The Supreme Court today refused to declare the impeachment proceedings that was initiated against former Calcutta High Court Judge Soumitra Sen as unconstitutional.
A bench headed by Justice Aftab Aslam dismissed a PIL filed by an advocate who was junior to Sen when he was a practicing lawyer.
The bench while refusing to entertain the petition filed by Subhasish Chakraborthy said that it cannot interfere with the Parliament's proceedings.
The impeachment process, however, could not be concluded as the high court judge resigned before 5 days the matter was to be taken up in the Lok Sabha.
The petitioner however alleged that the proceedings against Sen were arbitrary and unconstitutional in nature and they should be quashed.
The bench, however, was not satisfied with his submissins and therefore dismissed the petition.
Impeachment proceedings against Sen were initiated for his alleged irregularities and misconduct. An Inquiry Committee, set up by the Rajya Sabha Chairman, had held Sen guilty of misconduct.
Rajya Sabha had passed a motion against Sen,the first Judge who had been impeached by the Upper House of the Parliament for misconduct.
Sen, however, had faxed his resignation letter to the President Pratibha Patil on September 1, five days before the process was to be taken up in the Lok Sabha.
Sen was found guilty of misappropriating Rs.33.23 lakh under his custody as a court-appointed receiver in the capacity as a lawyer and misrepresenting facts before a Calcutta court in a 1983 case.
News reported by AR for Newsvision