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Vice President M Venkaiah Naidu Rejects Impeachment Motion Against CJI Dipak Misra

DIVYIA ASTHANA | 1
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| April 23 , 2018 , 11:17 IST

Vice President Venkaiah Naidu on Monday as the Rajya Sabha Chairman rejected the impeachment motion against Chief Justice of India Dipak Misra, that had been submitted by the Opposition on Friday along with 64 signatures.

"I have applied my mind to all 5 charges made out in Impeachment Motion & examined all annexed documents. All facts as stated in motion don't make out a case which can lead any reasonable mind to conclude that CJI on these facts can be ever held guilty of misbehavior," Naidu said in a statement.

"After having perused annexures to the Motion and having detailed consultations & having studied opinions of constitutional experts I am satisfied that admission of this notice of Impeachment Motion is neither desirable nor proper," he said. 

According to reports, Naidu spoke to Attorney General KK Venugopal, former Supreme Court judge B Sudershan Reddy, Subhash Kashyap, former Secretary-General of the Lok Sabha, former Law Secretary PK Malhotra, former legislative secretary Sanjay Singh, and senior officials of the Rajya Sabha secretariat before making the announcement.

The Opposition parties had submitted a petition with 71 signatures to Naidu on Friday, out of which 7 had to be nullified since the MPs have retired, leaving the final number at 64 from seven parties, still well above the mandatory 50 signatures.

According to Article 124(4) of the Constitution of India,  "A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity."

Senior judges of the Supreme Court in January through a press conference alleging CJI Dipak Misra of arbitrarily assigning cases gave rise to calls for impeachment, which were supported by the Opposition. 

Impeachment proceedings have never before been taken up against a Chief Justice of India.

kushal kumar

News reports on 20 April , 2018 said that a group of Congress-led 7 Opposition Political Parties submitted motion notice to Rajya Sabha Chairman alleging some instances of misbehavior on the part of CJI, seeking his impeachment. Such a notice against CJI was first of its kind and nation is believed to have been shocked by these developments while motion has been rejected by the Chairman of Rajya Sabha on 23 April , 2018. However , these developments could be read between the lines in this Vedic astrology writer’s alert predictions in article - “ Astrologically speaking , some highlights for India in coming year 2018”- published at theindiapost.com , simultaneously at wionews.com last year on 19 October , 2017. The related text in the article reads as :- “ (1) Mid-March to 31 May 2018. …………..Those involved in decision making or governance of big enterprises or think tanks in the Govt , could be prone to errors or fault-lines or controversies giving rise to need for revision or amendment”. “ (3) The year 2018 looks to be bringing to focus themes of political , religious or spiritual nature for heightened or sharp analysis or discussion. Such analysis or discussion could also pave way for new enactments or judicial pronouncements having far reaching significance or value ……..”. Further , this writer had , over a month and half past from now , opined that the period from 8 April to 5 May , more so from 8 April to 20 April , in 2018 , called for more care and appropriate strategy in India as some allegations against some present or former power wielding people could be in focus. http://www.windowtonews.com/news.php?id=95576&cat_id=7&p=&search=