The panel, comprising Supreme Court Judge B. Sudershan Reddy, Chief Justice of Punjab and Haryana High Court Mukul Mudgal and noted jurist Fali Nariman concluded on 20 July 2010 that Right of Silence as defence is not available to Calcutta High Court Judge Justice Soumitra Sen. Justice Sen is currently facing a probe by a committee constituted by Rajya Sabha Chairman to look into “misappropriation" on part of Justice Sen. Senior counsel Shekhar Naphade, who appeared for Justice Sen on 19 July 2010, had claimed ‘right of silence' as a valid defence. However, Siddarth Luthra, who argued the case against Justice Sen, pointed out that as the proceedings were likely to cause contempt of the court, such a defence would not be made available to him.
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