<p>"The motion has two defects," Subhas Bhattacharyya, lawyer for Justice Sen, said on the reply given by the Judge to Rajya Sabha Chairman Hamid Ansari.<br /><br />The lawyer cited two defects in the impeachment motion as 'misappropriation of a large sum of money as receiver' and 'misrepresentation'.<br /><br />Justice Sen was given an opportunity to reply to the findings of the Inquiry Committee set up by the Rajya Sabha by December 9 and it was filed in due time, Bhattacharyya said.<br /><br />"Parliament cannot discuss the role of the receiver in an impeachment motion," he said, referring to the time when the alleged misappropriation took place.<br /><br />Sen was a practising lawyer in the Calcutta High Court and a court-appointed receiver in the early-1990's and became a judge only on December three, 2003.<br /><br />Referring to the term 'misappropriation of large sums of money' in the three-member inquiry committee report, he said "in the absence of any amount being quantified, the motion is also vague."<br /><br />According to Bhattacharyya, Justice Sen's reply stated that there was 'misrepresentation' <br /><br />He said "the formation of the in-house committee is absolutely illegal and there was no complaint against Justice Sen in the public domain.<br /><br />"The only complaint in this particular case was the adverse remarks passed by the trial court, which were later on deleted and set aside by the division bench," Bhattacharyya said.<br /><br />Ansari had set up the three-member committee headed by Supreme Court Judge B Sudarshan Reddy after 58 MPs moved an impeachment motion against Sen in March last year under the Judges Enquiry Act.</p>
<p>"The motion has two defects," Subhas Bhattacharyya, lawyer for Justice Sen, said on the reply given by the Judge to Rajya Sabha Chairman Hamid Ansari.<br /><br />The lawyer cited two defects in the impeachment motion as 'misappropriation of a large sum of money as receiver' and 'misrepresentation'.<br /><br />Justice Sen was given an opportunity to reply to the findings of the Inquiry Committee set up by the Rajya Sabha by December 9 and it was filed in due time, Bhattacharyya said.<br /><br />"Parliament cannot discuss the role of the receiver in an impeachment motion," he said, referring to the time when the alleged misappropriation took place.<br /><br />Sen was a practising lawyer in the Calcutta High Court and a court-appointed receiver in the early-1990's and became a judge only on December three, 2003.<br /><br />Referring to the term 'misappropriation of large sums of money' in the three-member inquiry committee report, he said "in the absence of any amount being quantified, the motion is also vague."<br /><br />According to Bhattacharyya, Justice Sen's reply stated that there was 'misrepresentation' <br /><br />He said "the formation of the in-house committee is absolutely illegal and there was no complaint against Justice Sen in the public domain.<br /><br />"The only complaint in this particular case was the adverse remarks passed by the trial court, which were later on deleted and set aside by the division bench," Bhattacharyya said.<br /><br />Ansari had set up the three-member committee headed by Supreme Court Judge B Sudarshan Reddy after 58 MPs moved an impeachment motion against Sen in March last year under the Judges Enquiry Act.</p>