Justice Sen sends resignation in writing to President

New Delhi, Sept 3 (PTI) Controversial Calcutta High Court
Judge Justice Soumitra Sen sent his resignation in
writing to the President on Saturday, raising fresh questions
whether impeachment proceedings against him in Lok Sabha
(lower house of Parliament) 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 today 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 yesterday 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. The Attorney General is understood to have advised the
government that it is too late to stop the process since it
has already commenced.
Highly placed sources told PTI that Vahanvati has opined
that "the impeachment motion against Justice Sen must go on as
per the schedule in the Lok Sabha.
"The impeachment proceedings figures in the List of
business to be taken up in the Lok Sabha on Monday. It is to
be taken up at 2 PM.
Sen (53) was found guilty of misappropriating Rs 33.23
lakh under his custody as a court-appointed receiver in the
capacity as a lawyer, and misrepresenting facts before a
Calcutta court in a 1983 case.
The impeachment motion against Sen was passed with an
overwhelming majority by the Rajya Sabha (upper house of
Parliament) on August 18.
Sources said that Vahanvati has based his opinion by
referring to Article 124 (4) of the Constitution dealing with
the procedure for removal of judges of higher judiciary.
He is understood to have said that Justice Sen should
have resigned before the Rajya Sabha took up the impeachment
proceedings. Parliamentary Affairs Minister Pawan Kumar Bansal had
said that a decision whether to go ahead with impeachment
proceedings against Sen will be taken after Lok Sabha receives
communication from the Law Ministry.
He said, "If there is a clear resignation, perhaps the
matter comes to an end and if there is any doubt the
proceedings might go on"