Calcutta high court judge Soumitra Sen, held guilty on corruption charges by the Rajya Sabha chairman appointed panel, can breathe easy for the next few months since the removal proceedings against him will be taken up only during the next Parliament session.
Though the motion seeking the removal of Justice Sen was admitted by the RS chairman Hamid Ansari on February 15, no date for the discussion was fixed and now there is no possibility of it being taken up during the remaining four days of the budget session.
"It was agreed to have a four hour discussion on the motion moved by the CPM leader Sitaram Yechury, but before that a notice would have to be sent to the judge on how he would like to defend himself," according to Rajya Sabha sources.
But Justice Sen said, "I have received no intimation regarding acceptance of the motion by the honourable chairman."
Justice Sen said he was yet to decide whether he would defend himself before the House or through a lawyer.
A sitting Judge of the Supreme Court or a HC can only be removed through impeachment by both houses of parliament with a two-thirds majority of MPs present voting in favour of the motion, according to the Judges Inquiry Act, 1968.
In case of Justice Sen, the motion has not yet been taken up by the Rajya Sabha, since the Act makes it clear that the impeachment motion must be passed by both houses during the same session.
The has held back the motion for now, but its outcome remains uncertain since the UPA has not made its stand on the issue clear.