Monday, 22 October, 2018

Notice for Indian CJ's impeachment rejected

Venkaiah Naidu rejects impeachment notice against CJI Dipak Misra Impeachment motion against CJI Dipak Misra rejected by Venkaiah Naidu
| 24 April, 2018, 05:18

Vice-President Venkaiah Naidu, who is also the Rajya Sabha chairman, has rejected the opposition's notice for impeachment of Chief Justice of India Dipak Misra. Sibal said the Congress will move a petition in the Supreme Court challenging this order. We are confident that when we move the petition, the CJI will have nothing to do with it so that it is heard and the serious issues, which are constitutional in nature and which will determine whether we bring transparency to the system, would be heard in the court, Sibal said. "We'll accept whatever SC decides", senior Congress leader Kapil Sibal said while addressing a press conference. Echoing Nariman's views, former chief justice of India, KG Balakrishnan pointed out that charges of misbehaviour made out by the Opposition MPs against Chief Justice Dipak Misra were not enough to seek removal of a judge and that the lawmakers should have "proved misbehaviour" if they had hoped for having their notice accepted by the Rajya Sabha chairman. Therefore, it is unprecedented.

Sibal stated that they're going to approach the Supreme court in the matter of impeachment for the chief justice of India.

Speaking at the same press conference, senior advocate and nominated Rajya Sabha member KTS Tulsi said people took great pride in the integrity of judges. Nariman on his part said Naidu, as the chairman of the Rajya Sabha, was the only statutory authority to take the decision on the notice. The motion had been submitted by 64 MPs of the Rajya Sabha. And Congress must not make the foolish mistake of moving the Supreme Court on this, thinking it can take advantage of alleged divisions in the collegium. Naidu argued that the motion uses phrases suggesting that the CJI may have been involved in a conspiracy of paying illegal gratification and indicates that the entire motion is based on "mere suspicion, conjecture or assumption".


Naidu earlier consulted legal experts on whether the opposition's notice for impeachment of Misra will be accepted or rejected. Commenting on the rejection, justice (Retd) RS Sodhi said, "You know you don't have any ground, you know you can't impeach him". Naidu continued with the deliberations till late in the evening and also spoke to K Parasaran, who was the attorney general during the Congress governments led by Indira Gandhi and Rajiv Gandhi and was also a member to the Upper House nominated by the party.

"I am sorry to say that about the honourable Vice-President and Chairman of Rajya Sabha (Naidu), but I think that the methods, that had been very clearly laid down - both in the constitutional procedures and the rules - have not been followed", Yechury told PTI. "If there is evidence, then there is a committee which has to take a decision on the same", Tulsi said. Ms Lekhi said the judiciary is one institution which is respected by all and their independence has to be maintained but the Congress has repeatedly shown that they are institutional disruptors and they can go to any extent to play their dirty politics.

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