Impeachment motion against CJI Dipak Misra rejected by Venkaiah Naidu

24 April, 2018, 05:04 | Author: Diane Mills
  • Impeachment motion against CJI

A delegation of MPs from Opposition parties led by Congress last Friday submitted the notice for an impeachment motion, accusing Misra of corruption, misuse of authority and failing to protect the independence of judiciary. However, the Congress has made a decision to challenge the rejection in the Supreme Court of India.

The Congress party said it was not surprised by the ruling by Naidu, a former minister under Prime Minister Narendra Modi.

"We'll certainly file a petition (in Supreme Court) against this and would want the CJI to not take any decision with respect to it, be it the listing or anything else, we'll accept whatever SC decides", he said. Naidu also held that "we can not allow any of our pillars of governance to be weakened by any thought, word or action".

Legal experts says the question of examination charges on merit would arise only after Constitution of the three men committee in accordance with the Constitution and as per the Judges (Inquiry) Act, 1968 and the Judges (Inquiry) Rules, 1969.

Menon termed the petition moved by the 64 Rajya Sabha MP's as "ill-conceived, unfortunate and regrettable".

The other parties were the CPI, CPI (M), NCP, SP, BSP and the IUML. The VP said that the impeachment notice was also rejected due to lack of substantial merit.

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Naidu said he had detailed personal conversation on all aspects arising from the notice and had considered each of the allegations made in it individually as well as collectively.

This has happened four times in the history of the country so far. aganist Supreme Court Judge V. Ramaswami, Kolkata High Court Judge Soumitra Sen, Chief Justice of Sikkim High Court PD Dinakaran and Justice JB Pardiwala of Gujarat High Court, but in no case has teh entire porcess been completed.

Venkaiah Naidu claimed that the Opposition party MPs were unsure of their own case and was based on 'suspicion and conjectures'. It said the decision should come "voluntarily" following notice for his removal.

He said, admission of the notice of impeachment was neither desirable nor proper. The same does not constitute prove "beyond reasonable doubt", which is required to make out a case of "proved misbehaviour" under Article 124 (4). Those 50 people, all the parties, all the members of parties who have signed will issue whips. "This is truly a fight between forces "Rejecting Democracy" & voices "Rescuing Democracy", tweeted Surjewala.

Kapil Sibal addressed the media today, to explain the steps that are going to be undertaken by the opposition for the impeachment of CJI Dipak Misra.

It is learnt that Naidu had spoken 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 rejecting the opposition notice.

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