Vice President Venkaiah Naidu rejects opposition notice to remove CJI

Vice President Venkaiah Naidu rejects opposition notice to remove CJI

The Congress leader said the Judges' [Inquiry] Act, 1968 stipulates that the Chairman should consult the CJI but since it concerned the Chief Justice himself, he should have consulted members of the Supreme Court Collegium. It then notes that all such experts nearly unanimously opined that the present motion was not a fit case for removal of a judge. We are confident, that when we move that petition, the CJI has nothing to do with it. There was not a single thing in the motion which pointed towards an incident of proved misbehaviour on the part of the CJI. Wide dissemination of Naidu's reasons will lift the quality of debate and also therefore help the judiciary, which must do its own bit to give the appearance of an orderly house.

Venkaiah Naidu today rejected the notice given by opposition parties led by the Congress for impeachment of the CJI. "Accordingly, I refuse to admit notice of motion", Naidu was quoted as saying by The Times of India.

"Going through the five allegations mentioned in the notice, I am of the view that they are neither tenable nor admissible", Naidu said in his 22-point order rejecting the motion moved by 64 MPs.

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To this end, it had referred to the unprecedented drama fuelled at the Supreme Court in November past year, with the Court annulling an order passed by a two-Judge Bench, after a rather forthright confrontation between the CJI and Advocate Prashant Bhushan. "Based on all this, I have come to the conclusion that this motion does not deserve to be admitted.On careful analysis and reflection, I find there is virtually no concrete verifiable imputation".

Earlier, seven opposition parties (Congress, CPI, CPM, NCP, Samajwadi Party, Bahujan Samaj Party and Muslim League) had given an impeachment motion against CJI Dipak Misra on Friday.

"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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Further attacking the BJP over the issue, another Congress leader and Rajya Sabha member Vivek Tankha wondered how the BJP could relate the CJI to Odisha.

He said this move by Naidu was also illegal because the Chairman of the Rajya Sabha is required to conduct "a full-fledged inquiry" before he announces a decision. As the election campaign in Karnataka is picking the pace, it will not be surprising if the Supreme Court is dragged into the campaign.

Another charge against Chief Justice said that he had "abused" his powers in choosing to send sensitive matters to particular benches by "misusing his authority as the master of the roster".

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"If (the motion is) passed in this house, the CJI would be forced to resign - like Justice Soumitra Sen, who had quit without waiting for the motion to be taken up in Lok Sabha - to avoid the ignominy of becoming the first judge to be impeached by Parliament - in 2011".

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