Illegal, ill-advised, hasty step; will move SC against it: Cong

Tribune News Service

New Delhi, April 23

The Congress on Monday said it would file a petition in the Supreme Court challenging Rajya Sabha Chairman M Venkaiah Naidu’s order rejecting the impeachment notice.

Senior Congress leader and Rajya Sabha MP Kapil Sibal said: “We will certainly file a petition in the Supreme Court against this and would want the CJI to not take any decision with respect to it, be it the listing or anything else, we’ll accept whatever Supreme Court decides.”

Sibal said: “He (Naidu) shouldn’t have disposed of it without constituting an inquiry committee.”

“The Chairman’s order says the charges are unverifiable. How can you verify without conducting an inquiry,” Sibal asked. Describing Naidu’s move as “unprecedented, illegal, ill-advised and hasty”, the Congress leader stressed that “never before in India’s history” had a motion moved by MPs been dismissed at the preliminary stage.

As per Article 124 (4) of the Indian Constitution, “A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.”

Meanwhile, Supreme Court judges, including CJI Misra, initiated court proceedings on Monday at 10.45 am, instead of the scheduled 10.30 am, amid speculation that they held a brief meeting on the issue of the impeachment notice against the CJI. The usual morning meeting of judges (CJI included) lasted a bit longer leading to the delay in assembling of the Benches, sources said, adding they were understood to have discussed the notice for removal of the CJI which was rejected by Naidu.