Venkaiah Naidu turned down impeachment motion against CJI

Judges Row Continues In Supreme Court?

"I have applied my mind to all five charges made out in impeachment motion and examined all annexed documents".

The role of the Chairman at this stage is restricted to ascertaining the minimum number of MPs signing the motion as required under law, and to satisfy himself about the prima facie nature of the charges as contained in the motion.

He further said some of the allegations mentioned in the motion relate to what is happening in court, so Naidu should have consulted other judges. The petition ahd come a day after a Supreme Court bench, led by the CJI, ruled that Judge BH Loya's death in 2014, who was died mysteriously during the hearing a murder case against BJP president Amit Shah, needed no investigation and was a natural death. A motion under Article 124 (4) is no different from any other motion where Chair has a discretion to admit it or decline to do so. "The intent, gravity and onus are of a much higher degree".

He said the motion must contain a definitive case which makes out a case "beyond reasonable doubt" that the judge is guilty of "proved misbehaviour". Page 1 of the petition uses phrases such as "the fact and circumstances relating to the Prasad Education Trust case show prime facie evidence suggesting that the CJI "may have been" involved in a conspiracy of paying illegal gratification'".

Criticising the decision, the party also said it was a fight between forces "rejecting democracy" and voices "rescuing democracy". Congress chief spokesman Randeep Singh Surjewala also decried rejection of the notice to, saying he "can't adjudicate the motion, for he has no mandate to decide the merits of the motion". He said it was unprecedented that the motion has been rejected even before it was admitted.

Naidu's decision prompted the Opposition, particularly the Congress, to announce that it would challenge the rejection in the Supreme Court. Most political parties have given nominations to some of them since their value, both in court and Parliamentary debates, is significant. "The judiciary, which is an institution that is trusted by 125 crore Indians, has invited the wrath of Congress and the Nehru-Gandhi dynasty in particular". The Govt and ruling Party have come down heavily on Congress for not respecting the Chairman's decision. saying that the party has no respect for constitutional authorities. Sources said Naidu told the group that the CJI is the highest judicial functionary in the country. It may be recalled that a few months back, four senior Judges including Justice Chellameswar raised the banner of revolt against CJI Dipak Misra stating that he was functioning in an arbitrary manner and wasn't giving strong cases to senior Judges.



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