Technology

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

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

Two Congress members of Parliament (MPs) moved the Supreme Court on Monday challenging the rejection of an impeachment notice against Chief Justice Dipak Misra by Rajya Sabha Chairman Venkaiah Naidu.

The petition is the Congress, that claims Mr Naidu's conclusion was "unlawful and arbitrary" and shot into a "cavalier, cryptic and abrupt manner", with out a question. However, Justice Chelameswar said that since it is the Chief Justice of the Supreme Court who is the master of the roster, the case must be mentioned before him. "It deserves to be set aside for being wholly extraneous and ultra vires to the provisions of the constitution and the Inquiry Act".

"In the absence of a full-fledged inquiry, it is not possible to return any findings on the same".

"The removal motion was signed by more than 50 MPs, which is what is constitutionally required, and yet Naidu rejected it", they said.

Rajya Sabha chairman and Vice-President M Venkaiah Naidu had April 23 rejected the notice, given by opposition parties led by the Congress for impeachment of the CJI. He states that there was no substantial merit in it.

Chelameswar was initially reluctant to constitute a bench himself, as the CJI has repeatedly insisted that since he is the master of the roster, only he has the power to constitute benches.

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The matter was mentioned before a bench headed by Justice J.S. Chelameswar, who did not pass an order and asked the parties to come on Tuesday.

However, after the submissions, Justice Chelameswar and Justice Kaul went into a huddle and asked Sibal and Bhushan to come on Tuesday so they could take a call on the issue.

The petitioners' counsel had earlier on Monday argued in Chelameswar's court that the CJI could not be involved in either the listing or hearing of the matter, and the procedure in such a situation was that the case would have to be dealt with by the second senior-most judge in the court. Justices Bobde and also Ramana are equally in line for Chief Justice. Sibal said the RS chairman erroneously concluded that the notice of motion did not give proof of the five counts of alleged misconduct.

It was not immediately clear as to who has constituted the bench and assigned the matter to it.

Sub-Section 1 of Section 3 of the Judges Inquiry Act says: "The Speaker or, as the case may be, the Chairman may, after consulting such persons, if any, as he thinks fit and after considering such materials, if any, as may be available to him, either admit the motion or refuse to admit the same".

The notice mentioned five grounds of misbehaviour for the CJI's impeachment.


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