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Justice Soumitra Sen's resignation accepted: Reports
According to TV reports, President Pratibha Patil today accepted the resignation letter of Calcutta high court judge justice Soumitra Sen and has forwarded it to the law ministry for action.
According to TV reports, President Pratibha Patil on Saturday accepted the resignation letter of Calcutta high court judge justice Soumitra Sen and has forwarded it to the law ministry for action.
The Lok Sabha will now decide if the motion of Justice Sen's removal will be taken up on Monday or not.
Earlier, Soumitra Sen sent his resignation in writing to the President, raising fresh questions whether impeachment proceedings against him in Lok Sabha on Monday will go on as scheduled.
"A lawyer on behalf of justice Sen has handed over a resignation letter to the President this morning. The President is perusing it," a Rashtrapati Bhawan Spokesperson said on Saturday without disclosing details.
Sources said the resignation is "in order". A constitutional entity is free to tender his resignation on his own volition and action and there is no acceptance involved, the sources said, adding it comes into effect immediately if the resignation is in order.
In the Constitution, there is no acceptance involved and the resignation given by a constitutional entity under hand and addressed to the President comes into effect immediately.
Sources said the President after perusing the letter will hand it over to the department of Justice for further appropriate action.
A judge may by writing under his hand addressed to the President resigns his office. After reports that Justice Sen had sent his resignation by fax to the President, Attorney General G E Vahanvati is understood to have opined on Friday that the impeachment process should continue.
The Government's top law officer is learnt to have pointed out that since the resignation letter is 'not in proper format', it could be rejected by the President and by stopping impeachment proceedings at this stage, would allow Justice Sen to continue.
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