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| Justice Soumitra Sen defends himself during the Rajya Sabha proceedings |
A day after the Rajya Sabha passed a motion to impeach Justice Soumitra Sen, the Calcutta High Court judge spoke to The Telegraph on the impeachment process. Excerpts from the interview:
Arun Jaitley raised specific questions on the bank account of another Soumitra Sen that was used in the pleading. Did you actually pass off another account as your account, as accused by Jaitley?
I never passed off any bank account…. This account came into existence because of an order passed by the single judge of Calcutta High Court who had directed the bank to produce details of all accounts held by me. After the order was passed, the bank wrote a letter stating the number of accounts held by me in the bank, the period when it was opened and its closure. This account formed the basis of the learned judge’s finding that I had withdrawn money and that constituted misappropriation. The account opening form was not given (it was given five-and-a-half years later), the statement of account relating to this account was not given either.
You said that there were no bank statements of the period between 1993 and 1995. But apparently, the inquiry committee got the statements from the banks and which showed that you had withdrawn money from the account. Your comments on this charge.
The bank said before the court that bank accounts starting from 1993 till 1995 were not available as they have been destroyed following an RBI guideline that a bank is not required to maintain records for more than 10 years. After five-and-a-half years, only before the judge’s inquiry committee (JIC), the account opening form of this account was produced. The chargesheet of the JIC also mentioned this account…. But it belonged to somebody else and I proved that while cross-examining the bank officer.
You have mentioned about the favourable division bench order. Did the division bench actually exonerate you or did it remove the adverse remarks as a matter of consent after SAIL and SCI said they had no objections and the matter ended as you had paid back the money with interest?
It was not a matter of consent…. The court was examining the conduct of a receiver. The court did exonerate me as the charges of misappropriation were deleted from the records. The court held upon examination that there was no misappropriation…
Ram Jethmalani said it appeared to be trade unionism among brother judges. Your comments.
If there is nothing wrong in the verdict of another judge going against me, why is it that questions are raised on favourable judgments? If this is the yardstick, all judgments are suspect.
Ram Jethmalani said you wanted impeachment to ensure you escaped jail term. How do you respond to that?
After the division bench order, there cannot be any question of proceeding against me criminally. The division bench had clearly held that there was no question of criminal breach of trust. Besides, who will proceed criminally against me? The parties involved never had any complaints against me.
Arun Jaitley said your transgressions continued even after you became a judge?
My bank account has been scanned from 2003 onwards after my appointment as a judge. There is not a single transaction entry to prove that any amount invested from the sale proceeds came into my account.
As an accused, you got the chance to speak first. Then Arun Jaitley spoke and raised several questions, but you did not get a chance to reply. Your thoughts on the impeachment process.
The procedure adopted was a little unjust…. I did not know the entire procedure of impeachment but it was expected that I would be given a chance of rebuttal.
Do you have the option of seeking judicial review since you did not get a chance to give reply?
If the Lok Sabha also holds it against me, I have the option of seeking a judicial review.
You have said several times that you have been a victim? Why do you say that?
Investigations went on behind my back but at the same time it was alleged that in spite of repeated opportunities I did not explain my conduct. The primary charge against me is misappropriation…. The mandate for me was to keep the entire purchase consideration after completion of sale and to give back the entire amount as and when asked by the court. As there was no specific order to open a receiver’s account, the account in which the initial money was deposited was also operated as my personal account. There were withdrawals, but that did not constitute misappropriation.
Do you think that this mass outrage against corruption played a role in the Rajya Sabha impeachment process?
Absolutely. Anna Hazare is leading a crusade against corruption in high places. At this juncture, the government — and also the Opposition — had to show that something was being done and I became a victim.
Why do you think that the motion was so overwhelmingly accepted in the Rajya Sabha?
The present charged environment against corruption united the Rajya Sabha members…. It also appears from discussions in the Rajya Sabha, where issues like appointment of judges, formation of a National Judicial Commission came up, that the entire judiciary was the actual target and the motion was used for that purpose.
What is your core defence?
My conduct as a receiver has been examined by the court…. The division bench has categorically held that there hasn’t been any misappropriation. It is also worth noting that the parties entitled to the money never raised any issues as they got their money.
Now, what is your plan?
I will present my case with facts and law before the Lok Sabha…. I wish to fight for justice because at no point of time did I misappropriate any money.
Will you resign?
I do not have any plans to resign.
How does it feel to be the first judge in Indian history to face impeachment in the Rajya Sabha?
One doesn’t feel nice about something like this. But since I am a victim, I have little choice but to fight it out.
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