V-P rejects notice to impeach CJI
BY MPOST BUREAU24 April 2018 12:00 AM IST
MPOST BUREAU24 April 2018 5:31 AM IST
New Delhi: Rajya Sabha Chairman M Venkaiah Naidu on Monday rejected the unprecedented impeachment notice given by opposition parties led by the Congress against CJI Dipak Misra, saying it lacked substantial merit and that the allegations were neither "tenable nor admissible".
The vice-president in his order on Monday held that the allegations emerging from the present case have a serious tendency of "undermining" the independence of the judiciary.
Naidu based his decision on the opinion of top legal and constitutional experts, including former secretary generals of Lok Sabha and other legal luminaries with whom he held extensive consultations.
He also held the views of top legal and constitutional experts, including former chief justices and judges, before taking the decision, sources said.
Seven opposition parties led by the Congress had last week moved a notice before him for the impeachment of the Chief Justice of India (CJI) on five grounds of "misbehaviour".
Leaders of the opposition parties had on Friday last met Naidu and handed over the notice of impeachment against the CJI bearing signatures of 64 MPs and seven former members, who recently retired.
"I have considered the material contained in the Notice of Motion and reflected upon the inputs received in my interaction with legal luminaries and constitutional experts, I am of the firm opinion that the Notice of Motion does not deserve to be admitted," Naidu said in the order rejecting the plea.
"I refuse to admit the Notice of Motion," he said.
Naidu said he had a 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.
"Clearly this is an internal matter to be resolved by the Supreme court itself. Going through the five allegations mentioned in the notice, I am of the view that they are neither tenable nor admissible," he said in his order.
"The allegations emerging from the present case have a serious tendency of undermining the independence of the judiciary which is the basic tenet of the Constitution of India.
Naidu continued with the deliberations till late Sunday evening and spoke to K Parasaran, who was the attorney general during the Congress governments led by Indira Gandhi and Rajiv Gandhi and was also a member to the Upper House nominated by the party.
This is the first time that an impeachment notice has been filed against a sitting CJI.
The Congress' attempt has been criticised by top jurists including Fari Nariman who say that it would set a dangerous precedent - for example, the ruling party could attempt to remove a Chief Justice if it does not agree with its decisions.
Eminent jurist and former Attorney General of India Soli Sorabjee welcomed Naidu's decision to reject the impeachment notice against Misra, saying he has "rightly applied his mind".
Supreme Court judges, including Chief Justice Dipak Misra, on Monday, initiated court proceedings at 10.45 am instead of the scheduled 10.30 am amid speculation that they held a brief meeting on the issue of the impeachment notice against the CJI.
Congress sources said the party is likely to move the Supreme Court against the order of the Rajya Sabha chairman in the matter.
At a press conference, Congress leader Kapil Sibal said his party was of the view that the move by Naidu, who is also the Vice-President of India, was "illegal" and hasty.
"The order by the Chairman is unprecedented, illegal, wrong and unconstitutional," the former law minister said. "It is illegal because the Chairman has passed the order which is required to be passed after conducting an enquiry."
However, even within the Congress, two former law ministers did not appear to be in tune with the party line. Ashwini Kumar called Naidu's order "reasoned". Salman Khurshid's response was cautious: "I would imagine everyone needs to be in touch with their own conscience."
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