CJI’s Impeachment: 2 Congress MPs Withdraw Petition In SC Challenging Rejection Of Impeachment Notice By RS Chairman

Embarrassing the country’s oldest political party, two Congress MPs have withdrawn plea in the Supreme Court challenging rejection of the impeachment notice by Rajya Sabha Chairman M Venkaiah Naidu against Chief Justice of India Dipak Misra. After hearing for about 45 minutes, a five-judge Bench headed by Justice A K Sikri declared the petition as dismissed as withdrawn.   Senior advocate and Congress leader  Kapil Sibal had  raised some objections to the setting up of the  constitution Bench to hear the matter, Attorney General K K Venugopal said only two MPs of Congress have approached the apex court. Venugopal submitted that six other parties, which had given a notice for impeachment, did not move the top court. The AG said “the presumption is that all others have not supported the stand taken by the Congress to challenge the rejection of impeachment notice by Naidu. The Rajya Sabha Chairman was right in rejecting the impeachment Notice, he added. Earlier during the hearing, Sibal had raised questions on the setting up of the constitution Bench, including who passed the order for setting up the five-judge bench to hear the matter. He further said the matter was listed before the five-judge bench through an administrative order and the CJI cannot pass such orders on this matter. Sibal had also sought of a copy of the order on setting up of the Bench, saying they intended to challenge it. The Bench comprising Justices S A Bobde, N V Ramana, Arun Mishra and A K Goel said it is a “piquant and unprecedented situation where the CJI is party and other four judges may also have some role. The Rajya Sabha Chairman on April 23 rejected the impeachment notice against the CJI given by seven opposition parties led by the Congress on five grounds of “misbehaviour”. This was the first time that an impeachment notice was filed against a sitting CJI. Later at a presser, The Congress questioned the setting up of a five-judge Bench to hear the petition. The party was for protecting “dignity and independence” of the courts, Kapil Sibal said while pitching for transparency in the judicial process. Sibal had sought a copy of the order on setting up of the Bench.“It was not a judicial order, but an administrative one…the petitioners have the right to know who passed the order…we wanted a copy of the order…they (the SC) did not pass any order saying that they will give us the copy of the order or not,” Sibal told reporters.The petitioners intended to challenge the order of setting up of the Bench.The former Union Minister also said the Congress had no “personal complaint” against anyone and dismissed the “government’s allegation” that the petition was a “political matter”.“Which order in India cannot be challenged…We just want to say that we want to protect the dignity, independence of courts…transparency in the judicial process…so, the issue we have raised is not political, but one relating to the (developments in) courts,” the former Minister in the UPA Government  headed by Dr Manmohan Singh added.

 

 

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