Vice President Venkaiah Naidu rejects Opposition's impeachment motion against CJI Dipak Misra

April FrancisApr 23, 2018

"It further states that 'the Chief Justice of India appears to have ante-dated an administrative order.' I am mentioning this fact because the phrases used by the Hon'ble Members of Parliament themselves indicate a mere suspicion, a conjecture or an assumption", Mr. Naidu's order said.

"A detailed analysis of the facts and the role played by some groups is necessary since I suspect such attempts will also be made in the future", Jaitley said.

Senior Congress leader Ghulam Nabi Azad told a press conference that the impeachment motion had been moved on "five grounds of misbehaviour".

In a list released by the Supreme Court's registry on Saturday, the CJI, beginning April 23, will hear some important and contentious cases.

There are two angles to the impeachment motion that make it useless.

Eminent jurist Fali S Nariman has slammed the opposition parties' bid to impeach Chief Justice of India Dipak Misra, calling it "a horribly black day in the history of the Supreme Court".

The seven parties included the Indian National Congress (INC), Bahujan Samaj Party (BSP), Samajwadi Party (SP), National Congress Party (NCP), Indian Union Muslim League (IUML), Communist Party of India (CPI) and Jharkhand Mukti Morcha (JMM).

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Justice RS Sodhi, who was a judge in the Delhi High Court, also criticised the Opposition's attempt to impeach Misra.

Naidu held extensive consultations with top legal and constitutional experts, including former chief justices and judges, before taking the decision, sources said. So, the goal of the motion can hardly be to remove the Chief Justice; rather, it must be seen as a political attack on the government, alleging attempt to influence the judiciary. Asked about this, Sibal said, "We did not want to involve Dr Singh, he being a former PM". Among those whom he consulted were Attorney General KK Venugopal, former SC judge B Sudarshan Reddy, former AG and Rajya Sabha MP K Parasaran and former Rajya Sabha Secretary General VK Agnihotri After the Vice-President rejected the removal motion against the CJI, all judges of the Supreme Court, including CJI Dipak Misra had a 20-minutes-long meeting.

The Rajya Sabha chairman had earlier on Monday rejected the notice due to lack of merit.

They added that the tradition in India is that from the time a motion is moved, the judge must recuse himself from judicial work. Then, they became silent, expecting that the CJI might have already come under pressure and would pass orders in above crucial cases in their favour.

"A note for raising an issue in the House should perhaps not be provided with advertisements by any participant or another person until it has been admitted from the Chairman and circulated with members".

Senior advocate Prashant Bhushan also questioned the grounds on which Naidu had rejected the petition.

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