Justice Soumitra Sen of the Calcutta High Court, who is facing an impeachment motion for alleged financial irregularities, on Monday questioned the authority of a Rajya Sabha committee to conduct a probe against him.
"There is a constitutional bar and no one can go through the records of the High Court on this issue," he said.
Admitting that there was intermingling of personal and official funds by the judge, senior advocate Shekhar Nafde, appearing for Justice Sen, said that it does not mean that there was misappropriation of funds.
Advancing final arguments before the committee, comprising Supreme Court judge B Sudershan Reddy, Chief Justice of Punjab and Haryana High Court Mukul Mudgal and noted jurist Fali S Nariman, he said that at most the judge can be accused of irregularity and not of misappropriation of funds.
The findings of the committee, which had started its inquiry proceedings on the advice of the then Chief Justice K G Balakrishan, would decide the fate of the proposed impeachment motion against Justice Sen in the Rajya Sabha.
The hearing will continue on Tuesday.
Senior Advocate Siddharth Luthra, who is assisting the inquiry committee, which was set up by Rajya Sabha Chairman Hamid Ansari, had yesterday read out various entries of bank accounts held by Justice Sen in his personal and professional capacity as the court-appointed receiver and highlighted the alleged discrepancies.