Tag: court judge

Impeachment and Removal

Nowadays there has been lot of talk impeachment of Justice Soumitra Sen. It is wrong to talk of impeachment of a High Court Judge. A High Court Judge is removed, not impeached.

The constitution of India provides for the impeachment of President and removal of Vice President, Deputy Chairman of the Council of States (Rajya Sabha), Speaker and Deputy Speaker of the House of the People (Lok Sabha), Comptroller and Auditor General of India, Chief Election Commissioner, Speaker and Deputy Speaker of Legislative Assembly, Chairman and Deputy Chairman of Legislative Council, Judges of Supreme Court and High Courts and members of Public Service Commissions. Attorney General and Governors hold office during the pleasure of the President. Advocate General holds office during the pleasure of the Governor.

Only the President can be impeached, others can be removed or dismissed.

Soumitra Sen would have been the first judge to be removed by Parliament. Rajya Sabha had voted for his removal. After a few days he resigned. There was difference of opinion on whether the process of removal should continue. His first resignation was rejected as it was conditional. The President accepted his second resignation. The Speaker of Lok Sabha held an all-party meeting and decided not to proceed with the process of removal. May be Soumitra Sen would have lost his pension if he had been removed and not resigned.

The story could have been killed

When Manu Joseph was asked on Last Word why he did not talk to journalists to get their side of the story regarding Nira Radia tapes the answer was the story could have been killed.

The tapes were in circulation for a long time. Headlines Today had telecast some excerpts that had conversations of Kanimozhi and A. Raja. It did not telecast any excerpt that had conversations of Barkha Dutt or Vir Sanghvi. One possibility is that Headlines Today contacted them for their version and the story was killed. Another possibility is that one tape had Prabhu Chawla’s conversation, so they did not want to telecast anything about journalists.

Why other channels did not telecast anything? Why no newspaper or magazine published the transcripts till Outlook and Open published? Possibly, the story was killed.

After Outlook and Open went public about the tapes CNN-IBN discussed it on Last Word. After that the story could not be killed.

Previously Outlook had reported on phone tapping which had exposed crime and corruption. No guilty person was punished. We do not know the names of a bureaucrat who wanted Rs.8 crores bribe, a minister in UP who wanted a bribe from engineer, the wife of an air vice marshal who talked to a beautician about prostitution racket and an industrialist had sent a starlet to Calcutta. The story was killed. It would have been good if Outlook had mentioned the names of guilty persons. Now also Outlook can reveal the names. Better late than never.

In one conversation there was mention of a Delhi High Court judge who was paid nine crore rupees bribe. He became Chief Justice of a High Court. Who was the judge? Who benefitted from his judgment? Who lost? The story has been killed.

Who murdered Arushi and Hemraj? The story has been killed.

How many stories have been killed over the years? Those who own a channel or newspaper or magazine decided the content. Ad revenue is a consideration.

Sucheta Dalal is blacklisted by RBI, SEBI and Finance Ministry. People who expose corruption do not get invited on TV channels. People like Rahul Mehra and Arun Kejriwal are not seen on TV nowadays.

Ratan Tata said the real scam was out of turn allocation of spectrum. Rajeev Chandrasekhar has written that Tata Teleservices received out of turn spectrum that resulted in a loss of 19,074.8 crore rupees to the exchequer.

Supreme Court remarked that something is rotten in Allahabad High Court. The Chief Justice of Allahabad High Court must transfer incorrigible judges. How things came to such a pass? Before the judgment on Babri Mosque came out Harish Salve had hinted that it will not be judgment giving everything to somebody and others getting nothing. Different parties will get different parts. How did he know that? The story has been killed.

The Chief Justice of Allahabad High Court did not take action. All judges of Allahabad High Court decided to appeal to the Supreme Court to delete the remark.

How some reports get leaked and several channels claim they have exclusive excess? If one channel gets a report, that is exclusive. If several channels gets a report, that is not exclusive. Who leaks for what purpose? Every such leak is a story by itself.