In impeachment of Judges V. Ramaswami
and Soumitra Sen Parliament came close to impeach them, but they resigned
before parliament could have done so. Sir why can't charges on them be looked
upon after their resignation? Is this fair to resign even if they do so to hold
dignity of post and saving themselves from charges?"
Ideally it should be however there are
no Constitutional or statutory provisions as what should be done in such a
scenario.
Law is equal to everyone - but no one
has gone that far in knocking d doors of govt machinery for prosecuting those
judges !!! In fact on 15 Jan 2012, it became public through an RTI query that
Justice Sen along with his other colleague facing similar accusations Justice
P. D. Dinakaran will keep getting their post-retirement benefits, even though
they resigned ahead of impeachment proceedings against them.
veteran lawyer and former law minister
Ram Jethmalani said “This man did not deserve to be a judge. The charges
against him were so serious that they would have attracted at least a five-year
jail term under criminal law. He is lucky to have escaped only by impeachment,”
So finally - ideally it should be
however there are no Constitutional or statutory provisions as what should be
done in such a scenario
Regarding the above point regarding
the judges, so the punishment or action taken against someone would be only if
he commits a mistake/crime and not going against constitution? Because in above
he went against specific principles which had to bound to being a judge but got
away with resignation? So how well is Equality concept serving? Because if
normal person had committed a mistake in a private firm, he or she is bound for
a punishment at the court of Law
There are no constitutional or
statutory provisions as what should be done in such a scenario -
someone/someday has to ask/fight for it.
Such new provisions can't be
undertaken sir? Wrt to constitution.
Why not? It is same like any other
political reform that has taken place - like NOTA, Convicted MP/MLA has to resign,
etc
.
These changes need time?
Exactly. Not only here these
revolutionary in other countries as well, it may change according to d
aspirations & awareness of its citizens
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