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Opposition parties give notice for impeachment of CJI, Jaitley calls it 'threat

21 April, 2018, 04:33 | Author: Priscilla Morrison
  • This is why the opposition wants the CJI impeached

"It is a revenge petition after the falsehood of the Congress Party has been established in the Justice Loya death case".

In a Facebook post, Jaitley wrote, "The impeachment of a Judge of the Supreme Court is to be done only in the case of either his "incapacity" or on "proven misconduct".

The impeachment motion against Chief Justice of India Dipak Misra would be defeated owing to lack of numbers in both the Houses of Parliament, the Aam Aadmi Party (AAP) said on. The Congress later kept the move on hold after sensing Gandhis' reluctance. A senior advocate himself, Kumar told Mirror, "The remedy can not be worse than the malaise". The power of impeachment under our Constitution is a part of an inter-institutional accountability. MSN has reported that the bruised Congress has made a decision to move an application for impeachment against the CJI along with a few likeminded parties.

Former Prime Minister Manmohan Singh and former Finance Minister P. Chidambaram also didn't sign.

The Trinamool Congress and the DMK, besides the RJD and some other parties, have backed out from supporting the move.

They belonged to the main opposition Congress Party, the Communist Party of India and Samajwadi Party - a powerful regional party in the key northern state of Uttar Pradesh - and four other parties.

It was back in November a year ago that the medical admissions scam knocked the doors of the Supreme Court as an NGO lead by Prashant Bhushan filed a PIL. From Soniaji to Rahul to the Vadras How can we hope to intimidate judiciary like this.

On the other hand, a senior leader of the BJP and the country's finance minister Arun Jaitley accused the opposition of trivializing the provision of impeachment, describing it as "a risky event". During the session, Congress leader Kapil Sibal and CPM leader Sitaram Yechuri had managed 50 signatures of Rajya Sabha members in a bid to table the motion.

"If you don't agree with an order, you impeach him?" But then why did the Congress wait for 2 weeks to meet RS chairman?

The above allegation takes us back to the medical admissions scam case in which CJI Misra came under scanner. However, this logic did not seem to cut much ice with Congress leaders.

The proposed impeachment motion comes a couple of months after four Supreme Court judges - whose seniority is only next to CJI Dipak Misra - addressed an unprecedented press conference claiming a "threat to democracy" as the Chief Justice is allegedly exercising arbitrary powers in the allocation of crucial cases.

Former external affairs minister and senior advocate, Salman Khurshid said that he is not privy to discussions that have taken place between different parties and for him to reflect specifically on whether the grounds for impeachement are justified or not would be "unfair".

The issue has divided any united face that the opposition parties have been trying to create since the Presidential election previous year. There have been repeated demands for an in-house panel inquiry into the medical admissions scam which have not found any favour with the CJI's office. The BJP feels to expect CJI to withdraw from his duties just because the Opposition has submitted a motion is stretching a little too far. "It is not a motion admitted under any Rules of the House but is provided for by the statute". Why should the CJI not attend to work "asks BJP's Sandeep Mahapatra". "There is no reason why he (CJI Dipak Misra) should not continue". The denial of permissions to the CBI to register an FIR against the Justice Narayan Shukla of the Allahabad High Court, when the CBI shared incriminating information with the Chief Justice was itself an act of misbehaviour. "It is an attack on Orissa".



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