'Making details of CJI removal notice public flouts Rajya Sabha rules'

'Making details of CJI removal notice public flouts Rajya Sabha rules'

Still, the Congress seems keen to register at least a symbolic expression of distrust in the Chief Justice, keeping in mind the seriousness of the charges against him.

Meanwhile, the Congress contested the allegation that Opposition leaders had violated Rajya Sabha rules by holding a press conference about the impeachment move.

The Congress-led seven opposition parties on Friday met Rajya Sabha Chairman M. Venkaiah Naidu and submitted an impeachment motion for the removal of Chief Justice Dipak Misra.

Earlier, Justice Ranganath Misra (21st) and Justice Gopal Ballav Patnaik (32nd) have held the post. In an exclusive interview to The Indian Express, Nariman said the move runs the risk of diminishing the people's faith in the judiciary.

The Congress also considering moving the Supreme Court if the impeachment petition is rejected, party leaders said.

"My preliminary reaction to the impeachment motion filed today is clear". Azad expressed the hope that the Chairman will take a positive action on the motion.

"The fourth charge relates the Chief Justice having acquired land when he was an Advocate by giving an affidavit which was found to be false".

Since CJI Justice Misra is retiring in October this year, why this drama of impeachment? He termed the notice a "revenge petition" after the Supreme Court's judgement in Judge Loya death case had "exposed" the conspiracy of falsehood. Sibal after filing this impeachment motion had stated that convention has been that whenever such charges are levied against a HC judge or CJI, then he has to refrain from discharging such functions. While the constitutional requirement for an impeachment motion to move is 50 MPs, the petition shows 71 names, of which seven have retired. Therefore, it was important to ascertain whether the CJI was abusing his powers as the "master of the roster" to allot matters to particular benches with "the likely intent of influencing the outcome". "I hope he (CJI) will follow the convention". "Therefore, for me to reflect specifically on whether the grounds are justified or not justified, would be unfair", he said on being asked whether he agreed with the decision. However, this wasn't something raised by the four apex court judges. "He (the Rajya Sabha chairman) can not sit on it indefinitely, though there is no deadline laid out in the Constitution", a legal expert said, pointing to the anti-defection law where the court had said it should be decided within a "reasonable" time frame.

"References to the Chief Justice by innuendo in these conversations are evident", he said, adding that the denial of permission to the CBI to register an FIR against Justice Narayan Shukla of the Allahabad High Court, when the CBI shared incriminating information with the Chief Justice "was itself an act of misbehaviour".

Trinamul, DMK and Lalu Prasad's Rashtriya Janata Dal haven't yet made up their mind, although the Opposition had been working on the impeachment for three to four months.



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