National

Kapil Sibal Withdraws Congress MPs Plea Challenging Rejection Of Impeachment Of CJI Dipak Misra

DIVYIA ASTHANA | 0
9207
| May 8 , 2018 , 12:36 IST

Senior advocate Kapil Sibal on Tuesday withdrew from the Supreme Court the petition on behalf of 2 Congress Rajya Sabha MPs challenging the decision of the Vice President Venkaiah Naidu to reject the impeachment motion against Chief Justice of India Dipak Misra.

Congress leader Sibal reportedly withdrew the case after the Supreme Court refused to disclose how the five-judge Constitution Bench was formed. None of the senior-most judges of the apex court, namely Justices Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph, who had conducted the controversial press conference against CJI Misra in January were on the bench.

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

The five-judge bench of Justices A K Sikri, SA Bobde, N V Ramana, Arun K Mishra and Adarsh K Girl dismissed the petition as withdrawn.

Senior lawyer Prashant Bhushan alleged that the bench had been fixed by the CJI himself. 

"It is sad that this bench fixed by the CJI to hear the challenge to rejection of his Impeachment motion, even refused to provide a copy of the adminstrative order by which the bench was constituted! That order could be challenged on the ground that CJI had a conflict of interest," tweeted Bhushan.

The petition to the Supreme Court was filed by 2 Congress Rajya Sabha MPs, Partap Singh Bajwa from Punjab and Amee Harshadray Yajnik from Gujarat, challenging the vice-president's decision to reject the impeachment motion against CJI moved by MPs of the Rajya Sabha

"We filed petition in SC (challenging VP Naidu's dismissal of impeachment motion against CJI) yesterday and was to be heard today. But we were informed last evening that our petition will be heard by 5 judges. Who gave these orders? What were the orders?" Kapil Sibal questioned in a press conference on Tuesday after withdrawing the petition.