Kolkata: Justice Soumitra Sen of the Calcutta High Court, whose removal has been sought by Chief Justice of India K G Balakrishnan for alleged financial misconduct, has challenged the move to initiate impeachment proceedings against him in Rajya Sabha.
In a nine-page letter to Rajya Sabha Chairman Hamid Ansari through his lawyer Subhas Bhattacharyya, Justice Sen said that the constitution of a three-member committee comprising three jurists by Ansari was "unconstitutional".
The letter stated that the committee did not have jurisdiction because it could only look into the complaint of a judge pertaining to the discharge of his judicial functions and complaint with regard to conduct and behaviour of a judge outside court.
"Admittedly there were or are no complaint whatsoever against Justice Sen, i.e. my client by anyone on the above two issues," Sen's lawyer said in the letter.
In an internal inquiry held by Chief Justice K G Balakrishnan, Sen was allegedly found to have indulged in financial misconduct as a lawyer when he was appointed receiver in a case, prior to his elevation as High Court judge in December, 2003.