On December 1, 2010, the Judicial Standards and Accountability Bill was introduced in the Lok Sabha. The Bill revamps the present system of inquiry into complaints against judges. The case of Justice Sen was the one of the more recent instances where the integrity of judges has been called into question.
A motion was moved by 58 members of the Rajya Sabha for the removal of Justice Soumitra Sen, (a Judge of the Calcutta High Court) on grounds of misappropriation of funds. The Chairman, Rajya Sabha constituted an Inquiry Committee on March 20, 2009 to look into the matter. The Committee comprising Hon’ble Justice B. Sudershan Reddy (Chairman), Hon’ble Justice T.S.Thakur and Shri Fali S. Nariman submitted its report on September 10, 2010.
Charges framed in the Motion
The two charges which led to an investigation into alleged misconduct of Justice Soumitra Sen were:
General observations of the Committee on the case:
Facts and Findings of the investigation by the Committee:
a. During the period he was an Advocate:
b. During the period he was a Judge:
Conclusion
Based on the findings on the two charges the Inquiry Committee was of the opinion that Justice Soumitra Sen of the Calcutta High Court is guilty of “misbehaviour”.
Rajya Sabha June 23 and 24, 2010: Committee on Science & Technology, Environment & Forests Agenda - The Civil Liability for Nuclear Damage Bill, 2010 June 29, 2010: Committee on Transport, Tourism and Culture Agenda - Duties, Responsibilities and Functions of Directorate General of Civil Aviation and Helicopter Operations in India Lok Sabha June 24: Committee on Subordinate Legislation (No agenda mentioned) June 25: Committee on Welfare of Scheduled Castes and Scheduled Tribes Agenda - Adoption of Report on the subject "Reservation for and Employment of Scheduled Castes and Scheduled Tribes in Punjab and Sind Bank and credit facilities provided by the Bank to them" June 29: Public Accounts Committee Agenda - Recent Developments in the Telecom Sector including allocation of 2G and 3G Spectrum