Rajya Sabha MPs move SC on Misra impeachment issue

Governance       Venkaiah Naidu’s rejection of CJI impeachment motion politically motivated 2 Congress MPs
       
       	        Maneesh Chhibber         7 May 2018

A five-Judge Constitution Bench of the Supreme Court will hear on Tuesday a plea by two Congress Rajya Sabha members against house Chairman M Venkaiah Naidu's decision to reject a notice on the impeachment motion against apex court's Chief Justice Dipak Misra. The other members are justices S A Bobde, N V Ramana, Arun Mishra and A K Goel, who are next in the sequence of seniority.

The impeachment move has its genesis in the public complaint made by four senior judges of the top court- Justices Jasti Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph- that cases with far reaching consequences were assigned to selective judges. The bench, comprising Justices Chelameswar and Sanjay Kishan Kaul, asked Sibal to appear before it again on Tuesday morning as court convened.

"I am of the view that it is imperative that we should have extraordinary, important and substantial grounds for the removal of a judge", he said.

He said the CJI can not order for listing, therefore the senior-most judge of this court must pass some orders as it was a matter of constitutional importance.According to Sibal, this type of situation had not arisen before and the court should pass an order on who would deal with the matter and how it would be dealt with.

He also said that the Parliament was supreme in its own jurisdiction and its process can not be subjected to judicial review and "impeachment" motion was filed on untenable grounds for a collateral goal to intimidate the CJI and other judges.

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Said Sibal to Chelameswar: "I have been in practice for 45 years". The Registrar can't take orders from the CJI in this matter.

On April 20, as many as 64 MPs belonging to seven political parties signed the notice for removal proceedings against the CJI.

In this evening, it had been confirmed the main Justice is not going to hear the petition, and would be the four candidates that position correctly after him, including Just-Ice Chelameswar, since they'd openly proclaimed him accused him of abusing his stance as "grasp of this roster".

The bench asked Sibal and Bhushan to mention the matter before the CJI for urgent listing by citing a constitution bench judgment on the powers of the master of the roster. The proof was a matter of inquiry and the chairman could not have shut the inquiry in contravention of Article 124 (4) and 124 (5) of the Constitution, which provide the procedure for removal of an SC judge or CJI.

Earlier in the day, the Congress challenged Naidu's dismissal of the impeachment notice in the Supreme Court.

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