Controversial Calcutta High Court Judge Justice Soumitra Sen on Saturday sent his resignation in writing to President Pratibha Patil, raising fresh questions on whether impeachment proceedings against him in the Lok Sabha will go on as scheduled on Monday.
"A lawyer on behalf of Justice Sen has handed over a resignation letter to the President this morning. The President is perusing it," a Rashtrapati Bhawan spokesperson said on Saturday.
Sources said the resignation is "in order".
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 that it comes into effect immediately if the resignation is in order.
In the Constitution, there is no acceptance involved and the resignation given by a constitutional entity under hand and addressed to the President comes into effect immediately.
Sources said the President, after perusing the letter, will hand it over to the department of justice for further action.
After reports that Justice Sen had sent his resignation by fax to the President, Attorney General G E Vahanvati is understood to have opined on Saturday that the impeachment process should continue.
The government's top law officer reportedly pointed out that since the resignation letter is 'not in proper format', it could be rejected by the President.
The attorney general is understood to have advised the government that it is too late to stop the impeachment process since it has already commenced.
Highly placed sources told PTI that Vahanvati has opined that "the impeachment motion against Justice Sen must go on as per schedule in the Lok Sabha".
The impeachment proceedings figures in the List of Business to be taken up in the Lok Sabha on Monday. It is to be taken up at 2 pm.
Sen, 53, was found guilty of misappropriating Rs 33.23 lakh under his custody as a court-appointed receiver in his capacity as a lawyer, and misrepresenting facts before a Calcutta court in a 1983 case.
The impeachment motion against Sen was passed with an overwhelming majority by the Rajya Sabha on August 18.
Sources said that Vahanvati has based his opinion by referring to Article 124 (4) of the Constitution dealing with the procedure for removal of judges of higher judiciary.
He is understood to have said that Justice Sen should have resigned before the Rajya Sabha took up the impeachment proceedings.
Parliamentary Affairs Minister Pawan Kumar Bansal had said that a decision whether to go ahead with impeachment proceedings against Sen will be taken after Lok Sabha receives a communication from the law ministry.
He said, "If there is a clear resignation, perhaps the matter comes to an end and if there is any doubt, the proceedings might go on".
