Sen's lawyer Subhas Bhattacharya said the request to drop him from the impeachment panel had been made as Nariman had already spoken out his mind on the matter.
Calcutta High Court judge Soumitra Sen, accused of misconduct, has written to Rajya Sabha chairman Hamid Ansari requesting that eminent jurist Fali S Nariman be dropped from the three-member committee going into the impeachment.
"Yes, we have written to the Rajya Sabha chairman asking him not to include Nariman in the panel," Sen's lawyer Subhas Bhattacharya said.
Stating that his client had the highest personal regard for Nariman, Bhattacharya said the request to drop him from the impeachment panel had been made as Nariman had already spoken out his mind on the matter.
"It has come to our notice that Nariman has publicly expressed his opinion that justice Sen should be impeached. In our view, he has already spoken out his mind on the matter. So, we have requested that his name be dropped from the committee to decide whether he should be impeached," Bhattacharya said.
"Justice Sen has serious apprehension about the biasness of Nariman in the matter and I also feel that his presence in the committee will go against the spirit and purpose of the Constitution of India," Bhattacharya said in his letter.
The Rajya Sabha, on February 20, adopted a motion moved by 57 members for removal of Sen for 'misappropriating large sums of money which he received in his capacity as receiver appointed by the High Court and misrepresenting facts with regard to the misappropriation before the High Court.'
After the motion was adopted, the committee was set up on March 21 with Nariman and two sitting judges under the Judges (Enquiry) Act, 1968.
On June 26, Supreme Court judge B Sudershan Reddy was named as the head of the committee, replacing senior Supreme Court judge DK Jain who withdrew from the committee earlier this month citing 'personal reasons.'
If the committee, after investigation, agrees that there is enough evidence for Sen to be removed, the Rajya Sabha would have to adopt another motion for his removal.
Should the motion be passed by two thirds majority of both the Lok Sabha and the Rajya present and voting, the president would then be requested to issue an order for the judge's removal.
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