Cong will move SC, says Sibal after RS chairman rejects impeachment notice

Apr 24, 2018, 06:47
Cong will move SC, says Sibal after RS chairman rejects impeachment notice

BJP MP Meenakshi Lekhi told reporters following Sibal's press conference: "Congress party has a long history of disrupting institutions of democracy".

New Delhi, Apr 23 Rajya Sabha Chairman M Venkaiah Naidu today rejected the unprecedented notice by seven opposition parties led by the Congress to impeach CJI Dipak Misra on five grounds of "misbehaviour", saying the allegations were neither "tenable nor admissible". The motion needs to be referred to a three-member committee, which normally should include a Supreme Court judge, a high court chief justice and a jurist. We are confident that when we move the petition, the CJI will have nothing to do with it so that it is heard and the serious issues, which are constitutional in nature and which will determine whether we bring transparency to the system, would be heard in the court, Sibal said. The MPs are unsure of their own charges against the CJI. "I refuse to admit the Notice of Motion", Naidu said in a 10-page order dated Monday on Rajya Sabha website.

He said the Chairman had to only see whether the motion was in order and the required number of signatures are there or not.

"There are procedures in the Constitution and the chairman of Rajya Sabha should have followed it instead of acting in a hurried manner", Chatterjee said.

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"Proved misbehaviour comes after the inquiry".

The chairman said that after having perused annexures to the motion, detailed consultations and studied opinions of constitutional experts, he was "satisfied that admission of this Notice of Motion is neither desirable nor proper on any of these grounds". Some of the irregularities were related to the internal functioning of the court. He has consulted legal experts and has come to a decision.

Sibal also targeted the Chairman for brushing off the allegation of conspiracy in the medical college case.

"In the absence of credible and verifiable information., it would be inappropriate and irresponsible to accept statements that have little empirical basis", he said.

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Leaders of the Congress party and six other parties had presented a notice in the upper house April 20 seeking an inquiry into Misra's conduct, to be followed by an impeachment vote. He said the motion says - "it appears the note is antedated".

It's been decided that the team of justices A K Sikri, U U Lalit, D Y Chandrachud and Sanjay Kishan Kaul will engage with other judges and collate their grievances and suggestions and bring them up for discussion during the informal meetings of judges every now and then. This unprecedented order only shatters the confidence of the people.

The president of the All-India Bar Association, Adish Aggarwala, said that just like any order passed by the Speaker of the Lok Sabha or the state Assembly, the vice-president's order of rejection can be challenged in a court of law.

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