Kolkata, Sept 9 : Calcutta High Court Judge Soumitra Sen, against whom the Chief Justice of India, K. G. Balakrishnan has recommended impeachment, will not resign and defend himself as and when required, said his counsel.
Subhas Bhattacharya, Justice Sen's counsel, said. "At this stage he is not considering resignation."
"If show caused by Parliament, he will appear before it. He will defend himself in accordance with the law," Bhattacharya said.
Anuradha Sen, wife of Justice Sen said that the judge was not taking any calls or talking to media as it was a sensitive issue and his lawyer Bhattacharya will answer queries on his behalf.
Justice Sen will face impeachment proceedings in Parliament with the government accepting Chief Justice of India's recommendation to the Prime Minister for his removal on charges of serious financial 'misconduct', the second-ever such action against a member of the higher judiciary.
en was allegedly found to have indulged in financial misconduct prior to his elevation as High Court judge in December, 2003, when he was a practicing lawyer, in an internal inquiry held by Chief Justice of India on the matter.
In a lawsuit between Steel Authority of India Ltd and Shipping Corporation of India, Sen is said to have received Rs 32 lakh as court-appointed receiver and accused of depositing the amount in his personal account.
If Sen is impeached, it will be an unprecedented event as the previous impeachment of Justice V. Ramaswamy in 1991 failed to pass muster in the Lok Sabha as the then Narasimha Rao government failed to take position on the issue.