Tuesday, February 17, 2015

Judges Resigning Before Impeachment

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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