August 20, 2011
‘Why Link Judicial ‘Overreach’ With Judge’s Impeachment ?*
By Mukesh Jhangiani
United News of India
New Delhi (UNI) – Bringing up judicial overreach– judges assuming legislative or executive functions– while impeaching a Calcutta High Court Judge has been questioned by a senior Delhi High Court Judge.
“I don’t see how the two are related at all,” Justice Vikramajit Sen remarked while releasing a book on private international law at the Indian Society of International Law last evening.
Calcutta High Court Judge Soumitra Sen faces impeachment on charges of having misappropriated some funds before he was elevated by a judicial collegium from the bar.
Judicial overreach, on the other hand, has to do with Judges’ decisions in matters arising directly or indirectly as a result of administrative or legislative lapses or filling such gaps.
Justice Vikramajit Sen spoke after ISIL director S K Verma cited Judges’ contribution to handling private international law related disputes early on when little guidance came from legislatures or the executive.
He said it felt good to receive the compliment, especially as the judiciary has been under a lot of lambasting.
Justice Vikramajit Sen was alluding to observations about judicial overreach made by members on Thursday before Rajya Sabha decided to impeach the Calcutta High Court Judge.
“For some totally inexplicable reason, they are talking about judicial overreach while considering whether the judge is to be impeached.”
“I don’t see how the two are related at all,” Justice Vikramajit Sen said, adding he saw no causal connection between judicial overreach and the impeachment of a judge. “It is out of context.”
A participant drew attention to instances of international conventions the government has ratified but not codified at home and those in which it deliberated, even proposed amendments, but has not ratified.
A maritime law expert and former ISIL treasurer, Capt J S Gill, said there was a need for authorities to spell out the legal status in each instance.
The Judge earlier released the publication made up of experts’ papers on private international law edited by ISIL member Lakshmi Jambholkar.
UNI MJ SK 2017
- A Deeply Flawed Impeachment Process (oneislandtwonationsblogspotcom.typepad.com)
- A war on Judicial Review? (ukhumanrightsblog.com)