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Cong goes to SC, challenging Naidu's rejection of CJI impeachment petition,…

08 May, 2018, 01:07 | Author: Tara Roberts
  • Congress MPs move SC against dismissal of impeachment motion against Chief Justice of India

The two Congress Rajya Sabha MPs Partap Singh Bajwa and Amee Harshadray Yajnik have filed a petition in the Supreme Court against the Vice-President Venkaiah Naidu's decision to reject the notice of impeachment last month.

The party had moved the apex court on Tuesday, days after Naidu dismissed their motion seeking the removal of CJI Dipak Misra.

The two MPs alleged that Mr. Naidu acted in a manner "ex facie illegal, arbitrary and violative of Article 14".

The petition was mentioned on Monday morning before a Bench of Justices J. Chelameswar and S.K. Kaul by senior advocate Kapil Sibal for early hearing.

Allegations against Misra include involvement in a conspiracy to pay bribes in relation to a medical admission scam, dealing with a case in which he was likely to fall under the scope of an investigation, antedating an administrative order and abuse of administrative power in allocating cases in the Supreme Court.

Justice Chelameswar, who represented the four judges in an unprecedented press conference, said they had approached the CJI with a letter but failed to convince him.

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The list of business for the Supreme Court showed that the petition, which was mentioned today, would be heard tomorrow by a bench comprising Justices A K Sikri, S A Bobde, N V Ramana, Arun Mishra and A K Goel. "The misconceived motion for the impeachment of the Chief Justice of India is just one example of this", Jaitley had said.

Sibal, who himself signed on the motion moved by 64 Opposition Members of Parliament (MP) to remove the CJI, requested a bench of Justices Chelameswar and Sanjay Kishan Kaul to list the petition urgently as SC Registry was not accepting its request.

Subsequently, Congress submitted a removal motion against the CJI in Rajya Sabha while the government said the move was meant to intimidate the judiciary. "It would be appropriate if you mention the matter in court number-1 before the bench of chief justice". According to reports, Naidu held extensive consultations with top legal and constitutional experts, including former chief justices and judges, before taking the decision. "The procedure is simple, but if Your Lordship wishes to depart from it, I have nothing to say".

The Congress in its petition said the decision to reject their impeachment motion by the Vice President reflected "serious infirmity". Sibal said the RS chairman erroneously concluded that the notice of motion did not give proof of the five counts of alleged misconduct.

Naidu had said that the notice lacked merit.

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