Saturday, October 15, 2011
Saturday, August 20, 2011
Hasten slowly with Spanish inquisition-type impeachment of Judge Soumitra Sen: Dr. Swamy
Hasten slowly with Spanish inquisition-type impeachment of Judge Soumitra Sen: Dr. Swamy
STATEMENT OF Dr.SUBRAMANIAN SWAMY, former UNION MINISTER of LAW & JUSTICE
I urge the Lok Sabha Speaker Ms. Meira Kumar to slow the process of impeachment of Justice Soumitra Sen in order not only to bring the Judge to justice but also to be seen to be dispensing justice. In the Rajya Sabha, the proceedings in this regards seemed more like a Spanish Inquisition than a fair trial for Impeachment.
Those MPs who are also members of the Supreme Court/High Bar should not have participated in the Impeachment trial because of apprehension of bias arising out of intense Bar factionalism and jealousies.
There is also a moral question that must be first resolved and has not been so far addressed: The principal allegation against Justice Sen is of corrupt activities as a Receiver and not as a judge in delivering judgements. Has any of his delivered judgment been impugned so far? His Impeachment was recommended by the CJI, K. G. Balakrishnan and his Report to Parliament is not binding on MPs.
I recommend that the Lok Sabha Speaker seek the opinion of CJI Kapadia on these moral questions of bias in these proceedings, and then proceed accordingly. Impeachment should be hastened slowly and carefully.
STATEMENT OF Dr.SUBRAMANIAN SWAMY, former UNION MINISTER of LAW & JUSTICE
I urge the Lok Sabha Speaker Ms. Meira Kumar to slow the process of impeachment of Justice Soumitra Sen in order not only to bring the Judge to justice but also to be seen to be dispensing justice. In the Rajya Sabha, the proceedings in this regards seemed more like a Spanish Inquisition than a fair trial for Impeachment.
Those MPs who are also members of the Supreme Court/High Bar should not have participated in the Impeachment trial because of apprehension of bias arising out of intense Bar factionalism and jealousies.
There is also a moral question that must be first resolved and has not been so far addressed: The principal allegation against Justice Sen is of corrupt activities as a Receiver and not as a judge in delivering judgements. Has any of his delivered judgment been impugned so far? His Impeachment was recommended by the CJI, K. G. Balakrishnan and his Report to Parliament is not binding on MPs.
I recommend that the Lok Sabha Speaker seek the opinion of CJI Kapadia on these moral questions of bias in these proceedings, and then proceed accordingly. Impeachment should be hastened slowly and carefully.
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