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Rejected By VP Naidu, Congress MPs Move Supreme Court For CJI Dipak Misra's Impeachment

DIVYIA ASTHANA | 0
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| May 7 , 2018 , 12:20 IST

After Vice President Venkaiah Naidu rejected the petition of Opposition MPs of the Rajya Sabha to initiate impeachment proceedings against Chief Justice of India Dipak Misra, 2 Congress MPs on Monday moved the Supreme Court regarding the impeachment of the CJI.

Senior lawyer Kapil Sibal presented the petition before the Supreme Court on behalf of Rajya Sabha MPs Partap Singh Bajwa and Amee Harshadray Yajnik, adding that he cannot mention it before the CJI to demand a date of hearing.

“The manner in which the Vice-President rejected the notice for impeachment raises serious constitutional issues. It involves interpretation of pertinent constitutional provisions,” Sibal told Justice Chelameswar.

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The petition claims that Naidu's decision to reject the impeachment motion was motivated by “political consideration” and should be set aside for being “arbitrary and illegal”.

“The rejection seems to be motivated by political consideration beyond the constitutional scheme which is buttressed by the fact that one of the charges against the Chief Justice is that he has been partial in assigning political sensitive cases pertaining to the ruling party before particular benches of this Hon’ble Court in order to get a predetermined outcome,” said the petition.

“None of the reasons given by the chairman in the impugned order carry any weight or are legally tenable. It deserves to be set aside for being wholly extraneous and ultra vires to the provisions of the Constitution of India and the Inquiry Act,” the petition filed through advocate Sunil Fernandes said.

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“The impugned order proceeds on an erroneous assumption in law that the chairman/speaker, exercises quasi-judicial powers to determine whether to admit or not to admit a notice of motion and whether to constitute the aforesaid committee,” stated the plea.

“It is strange that when the motion related to the impeachment of the Chief Justice, the chairman deemed it fit to consult legal luminaries, constitutional experts, former secretary generals, former law officers, Law Commission members and eminent jurists but had not thought it appropriate and fit to consult the judges of the Supreme Court of India. This by itself is a serious infirmity,” said the plea.

The petition called for a declaration that the Vice President as chairman of the Rajya Sabha cannot exercise discretion and that he must set up an inquiry panel under the Judges' Inquiry Act, to probe the allegations against CJI Misra.