On trial, House judges Cut and thrust as impeach ball rolls ARCHIS MOHAN

On trial, House judges Cut and thrust as impeach ball rolls ARCHIS MOHAN New Delhi, Aug. 17: The House of Elders today tried a Calcutta judge and used the opportunity to acquit itself of the charge that "this august Parliament is not competent or not capable enough to deal with corruption in high places". On a day reverberating with symbolism, impassioned cries of innocence, incisive repartee and soaring eloquence, the Rajya Sabha set in motion its first-ever impeachment proceedings against a judge, Justice Soumitra Sen of Calcutta High Court. At 3pm, when Anna Hazare's supporters gathered near Parliament and demanded "democracy", Rajya Sabha chairperson Hamid Ansari asked the marshals: "Is Justice Sen in attendance? Bring him to the Bar of the House." The "Bar" — a lectern specifically installed so that the judge can defend himself against the impeachment motion — was "posted" at the door of the central aisle of the upper House, facing Ansari. Thus commenced the proceedings India's upper House had seen never before. A Supreme Court judge, V. Ramaswami, was sought to be impeached in 1993 for financial irregularities but it was in the Lok Sabha and the attempt eventually fell through because MPs from the south led by the Congress abstained. Justice Sen, who is also facing charges of financial misconduct (see chart), mounted a spirited defence of himself that appeared to sway many MPs and visitors. In his defence, the 53-year-old Sen claimed he was being victimised and made a "sacrificial lamb" to cleanse the judiciary. He accused former Chief Justice K.G. Balakrishnan, who set the ball rolling for the impeachment proceedings and who himself has run into controversies, of having victimised him. "K.G. Balakrishnan has become accuser, prosecutor and a judge," Sen said in his two-hour-long defence. Sen said he was threatened in the former Chief Justice's "drawing room" with a CBI inquiry when he declined the offer to take voluntary retirement and a plum posting in return. "Is a direction to a judge to resign so informal, so petty?" Sen asked. "If high court judges are treated like this by judiciary, I dare say common people cannot get justice." said Sen, who lives in Salt Lake with his mother, wife, son and daughter. At one point, Sen said that if he was impeached, he would "scream from the rooftop that I have not misappropriated…." Many members in the treasury benches, including Prime Minister Manmohan Singh, looked downcast as Sen tried to hammer home his point that he was being singled out to set an example. The tide seemed to be turning in Sen's favour — until Arun Jaitley, the BJP leader and a legal eagle, spoke. At 6pm, when Jaitley paused for the day, the BJP leader seemed to have rescued an embattled UPA with his forceful delivery, which he will conclude tomorrow. Jaitley sought to systematically demolish most of Sen's arguments. Members cutting across party lines congratulated Jaitley for his speech when the House adjourned. The House will resume at 11am tomorrow and, once the discussion is over, will vote on the motion. Congress sources have indicated they will vote in favour. Unless there is a last-minute change in the Congress strategy, the motion is expected to be passed. Between 3pm and 6pm, when the impeachment proceedings were progressing, nearly 500 Anna Hazare supporters had gathered in Parliament Street, within 50 metres of the House, demanding "democracy, not autocracy". If Jaitley focused on the finer legal points, Sitaram Yechury, from the other end of the political spectrum, provided the historical as well as contemporary underpinnings. The CPM leader reminded fellow upper House members that the impeachment motion was a test at a time when some quarters have raised doubts that "this august Parliament is not competent or not capable enough to deal with corruption in high places, and, therefore, it cannot and will not move against corruption in high places." Yechury added: "Therefore, we must set the precedent. We must give that confidence to the people of India. We owe it to the people of India that we will take action on these motions precisely in order to strengthen our republic and it is for strengthening of our republic." Drawing heavily on the history of Bengal, a state he represents in the Rajya Sabha, Yechury said the House should "make sure that we convey not only to the people of India but also to the people of the world and modern human civilisation that the Indian Parliament is a sacred temple, it is the perpetual residence of an inviolable justice. And this has to be established". Yechury also made a rare public reference to his own roots. "Sir, my grandfather retired as a judge of Andhra Pradesh High Court when I was eight years old and I learnt at that time that a judge is not a judge only in the court, but a judge is a judge everywhere else in the society and that his acts, inside or outside the court, are reflection on the judiciary as a whole." Sen had earlier alleged that a trap was laid, saying that an application filed in March 2003 was served only in May 2005 but many orders were passed in the interlude. Jaitley said Sen's defence that he had repaid dues of workers was not tenable since the two cases in which he was appointed receiver were being mixed up by the judge. The BJP leader said Sen was guilty of continued "proven misbehaviour". He said Sen returned the money in question only under a coercive order of the court and not of his own accord. "He (Sen) never rendered the accounts as directed by the courts, both as lawyer and as judge. He created encumbrances by withdrawing the money…" Jaitley said. "Sen's conduct as a litigant was unfortunate. He hardly cross-examined witnesses. He claimed the right of silence. He then... put up a false defence," Jaitley added. Jaitley termed the day a "sad but historic moment in Indian democracy. We have assembled to decide the fate of a man who decided the fate of others. This political house is here to perform a judicial function."

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