Opposition moves impeachment proceedings against CJI : The Tribune India

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Opposition moves impeachment proceedings against CJI

NEW DELHI: The Congress-led seven Opposition parties on Friday met Rajya Sabha Chairman M Venkaiah Naidu and submitted an impeachment motion for the removal of Chief Justice Dipak Misra.

Opposition moves impeachment proceedings against CJI

Chief Justice Dipak Misra. PTI/file



Aditi Tandon

Tribune News Service

New Delhi, April 20

The Congress-led seven Opposition parties on Friday met Rajya Sabha Chairman M Venkaiah Naidu and submitted an impeachment motion for the removal of Chief Justice Dipak Misra.

Seventy-one MPs of seven Opposition parties, including Congress, NCP, CPI, CPM, SP, BSP and Muslim League, signed the motion and the parties like TMC, DMK and AIADMK maintained a distance.

Divisions on the desirability of the motion were evident with the motion not bearing the signatures of Congress veterans former Prime Minister Manmohan Singh, former minister P Chidambaram, nor of MPs of major Opposition outfits TMC, DMK and AIADMK.

The Congress, however, denied divisions with senior leader Kapil Sibal saying, “There is consensus on the issue. The motion is to be signed by MPs and not parties. All Opposition parties are with us.”

Listing five allegations of "misbehaviour" against Misra, Sibal, at a press conference, said the notice for impeachment of the CJI has been moved "with a heavy heart".

"As representatives of the people, we are entitled to hold the Chief Justice accountable, just as we are accountable to the people. The majesty of the law is more important than the majesty of any office," he said.

The Opposition parties also demanded a probe against the CJI.

"We hope that a thorough enquiry will be held so that truth alone triumphs. Democracy can thrive only when our judiciary stands firm, independent of the executive, and discharges its constitutional functions honestly, fearless, and with an even hand," Sibal said.

He said, "When SC judges themselves believe", the judiciary's independence is under threat, "alluding to the functioning of the CJI, should we stand still and do nothing".

While the notice for impeachment bears 71 signatures, Leader of Opposition in the Rajya Sabha Ghulam Nabi Azad said they have requested the chairman to exclude the names of seven of them as they have retired from the Upper House. The minimum requirement to move a notice for impeachment was 50 members in the Rajya Sabha.

"We have moved a motion for removal of Chief Justice of India under five grounds of misbehaviour," he said.

The five charges levelled against the CJI in the notice include "conspiracy to pay illegal gratification" in the Prasad Education Trust case and denial of permission to proceed against a retired high court judge in the same matter.

Another charge listed by the opposition parties pertains to a piece of land, which the CJI acquired as an advocate by giving a "false affidavit".

The MPs who signed the notice belong to the Congress, the NCP, the CPI-M and CPI, the SP, the BSP and the Indian Union Muslim League (IUML). The leaders of these parties earlier met in Parliament and gave the final shape to the notice for impeachment.

Among those who attended the meeting in Parliament were Congress leaders Azad, Sibal and Randeep Surjewala, besides CPI's D Raja and NCP's Vandana Chavan. The Opposition alleged that sensitive cases were assigned to handpicked judges.

Some of these allegations were also raised in January by four top judges of the Supreme Court who had held a press conference.

An impeachment motion in the Rajya Sabha has to be supported by at least 50 MPs of the Upper House, while the number of MPs supporting such a motion in the Lok Sabha is 100.

Once the notice for impeachment is submitted to the Rajya Sabha chairman, he will ascertain whether there is merit or ground for moving such a motion.

In case he finds merit, then he may form a committee to look into it, else he can reject it.

If moved, this will be the first time ever in the country's history that an impeachment would be moved against the Chief Justice of India. The motion has 71 MP signatures seven of who have, meanwhile, retired. 

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