Rejection of CJI impeachment notice: Cong MPs move SC

08 May, 2018, 01:11 | Author: Darrell Baldwin
  • Congress MPs move SC against dismissal of impeachment motion against Chief Justice of India

As the Congress today moved court, challenging the rejection of an impeachment notice against Chief Justice of India Dipak Misra by the chairman of the Rajya Sabha, a senior official in Parliament said M Venkaiah Naidu had acted under the provisions of the Judges Inquiry Act, 1968, in turning down the party's move against the CJI.

The Chairman of the Rajya Sabha, Venkaiah Naidu, had decided not to consider the "impeachment motion" against Justice Misra by opposition parties, pointing out that there was lack of substantial merit in it.

Congress senior and leader attorney Kapil Sibal, that was likewise a signatory into the impeachment note, questioned for barbarous list of this instance in front of a bench headed by Justice Jasti Chelameswar, the second-most senior decide after the main Justice and one of those four candidates that went public with their complaint regarding how painful and sensitive cases ended up being delegated from the Chief Justice.

"The chairman has no option but to set up the inquiry committee against the CJI once the notice for removal motion was signed by the requisite number of MPs, which in case of RS is 50", said the petition, which was settled by Sibal and filed through advocate Sunil Fernandes.

Sibal told the court that since the matter involved the Chief Justice of India, it could not be mentioned before him.

The bench comprises of justices S.A. Bobde, A.K. Sikri, N.V. Ramana, Arun Mishra and A.K. Goel - the 6th, 7th, 8th, 9th and 10th most senior judges.

While Justice Sikri, who will head the bench, is No. 6 in the seniority list, others follow him in the sequence of seniority.

The motion was signed by 64 sitting members of the House. "I am aware of the procedure but it can't be mentioned anywhere else". He said the CJI can not order for listing and hence the senior-most judge of the court must pass some orders as it was a matter of constitutional importance. A person can not be a judge in his own cause. The CJI will not be a part of the bench, CNN-News 18 reported. "The Chairman can not sit and adjudicate over the adequacy, veracity and legal tenability of the allegations/charges contained in the said Notice".

It also said the reasons given by Naidu while rejecting the impeachment notice were "not legally tenable" and deserved to be set aside for being "wholly extraneous" and ultra vires the provisions of the Constitution and the Inquiry Act.

Arguing that the charges made in the notice of motion were extremely serious, the two MPs sought that their veracity be tested through a full-fledged inquiry and not be adjudicated in "a whimsical manner" as Naidu's order sought to do.



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