Published: Tue, April 24, 2018
World News | By Laverne Osborne

CJI impeachment: Speculation as judges meet extended by 15 minutes

CJI impeachment: Speculation as judges meet extended by 15 minutes

Immediately after the rejection order, Sorabjee said if the opposition moves the apex court to challenge the decision he did not see any success for them.

Congress has chose to challenge the decision of the Vice President in supreme court, as Sibal elaborated, that they'd would want, Dipak Misra from refraining from any decisions on the matter.

Leaders of seven opposition parties on Friday submitted a notice for the impeachment of Misra to Naidu, reports said.

Describing Naidu's move as "unprecedented", the Congress leader stressed that never before in India's history had a motion moved by MPs been dismissed at the preliminary stage.

Earlier, Seven opposition parties led by the Congress had last week moved a notice before him for impeachment of the Chief Justice of India (CJI) on five grounds of "misbehaviour".

"The Chairman of the Rajya Sabha has said that we have not been able to establish "proved misbehaviour" but how do we prove before an inquiry", asked Mr. Sibal. Naidu had consulted several constitutional experts before reaching this conclusion. A removal motion signed by 100 members of Lok Sabha or 50 members of Rajya Sabha has to be submitted to the Speaker of the Lower House or Chairperson (ie Vice President) of the Upper House.

Unruffled by the move seeking his removal, CJI Misra on Monday presided over Supreme Court number 1 - although there were some anxious moments initially - with usual ease.

He, thereafter, noted that the phrases used in the motion indicated that there existed a "mere suspicion, a conjecture or an assumption", which did not constitute proof beyond reasonable doubt, which was required to make out a case of "proved misbehavior" under Article 124 (4).

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"It was the grossest abuse of power of impeachment by the Congress", Lekhi said, terming it an act of blasphemy towards the Constitution.

Kapil Sibal, on his part, said Naidu was "totally wrong on that account also".

The order destroys the legitimate processes of the law.

Sorabjee and Nariman were of the view that Congress-led opposition had no chance to succeed as issues raised in the impeachment notice against the CJI were not of "sufficient gravity and rightly rejected" by Naidu. It then notes that all such experts nearly unanimously opined that the present motion was not a fit case for removal of a judge.

The Supreme Court may decide the fate of the impeachment motion against Dipak Misra, but the Opposition may not find it easy to get the numbers to push it. "I refuse to admit the Notice of Motion", he said.

Meanwhile on Sunday, Congress said that to ensure that the law is followed, the CJI should consider recusing himself from official duties.

"I am constrained to observe that in the matter, the well established parliamentary customs and conventions have been delineated and the paragraph 2.2 of the handbook of the Rajya Sabha members have been disregarded".

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