Justice Soumitra Sen of the Calcutta high court could be the first judge in the country to be removed, with the Rajya Sabha on Thursday overwhelmingly approving impeachment motion against him.
As many as 189 members voted in favour of the motion to impeach the 53-year-old judge after a two-day debate on the issue, in the second case in Parliament's history and the first-ever in the Upper House.
17 members voted against. All parties except Bahujan Samaj Party were of the view that Sen was guilty of misappropriating Rs 33.23 lakh which were under his custody as a court-appointed receiver in the capacity as a lawyer and misrepresenting facts before a Calcutta court.
Impeachment proceedings followed motions moved by Sitaram Yechury of the Communist Party of India-Marxist and Leader of the Opposition Arun Jaitley after an inquiry committee, appointed by the Rajya Sabha chairman and headed by Supreme Court Judge B Sudershan Reddy, held Sen guilty of misbehaviour.
Sen on Wednesday appeared before the House and strongly defended himself arguing that he was a "victim" and appealed to members to vote by conscience.
The House, however, rejected his defence. With the Rajya Sabha giving its nod for removal of Justice Sen, the impeachment motion will now be taken up by the Lok Sabha next week with the Lower House expected to deliberate on it on August 24-25.