Justice Sen's resignation being accepted

Controversial Calcutta high court Judge Justice Soumitra Sen's resignation is being accepted that may render the impeachment proceedings against him in the Lok Sabha on Monday infructuous.

A lawyer on behalf of Sen handed over the handwritten resignation letter to the President's Secretary Christy Fernandez on Saturday morning and it was "in order".

Official sources said that since the resignation letter was in accordance with the requirements unlike the earlier letter sent by him through fax, the President forwarded to the Law Ministry for formalities to be undertaken for acceptance.

Under the Constitution, a judge may, by writing under his hand, addressed to the President, resign his office.

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.

Sen's lawyer Subhash Bhattacharya said that he wrote in his resignation letter: "I was elevated as a judge of Calcutta high court on 3rd of December 2003. I hereby tender my resignation. Please accept my resignation."

With the acceptance formalities being completed, the Lok Sabha may drop the impeachment proceedings against Sen once formal communication is received from the government.

Rajya Sabha had on August 18 overwhelmingly voted to impeach the judge for "misconduct" and "misappropriation of funds" as a court receiver.

Sen had sent his resignation by fax on Thursday but it was considered not to be in proper format. Following this, Attorney General G E Vahanvati is understood to have opined Friday 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.