nsucurrent.com May 20, 2018

Venkaiah Naidu rejects opposition's impeachment notice against Chief Justice Dipak Misra

23 April 2018, 02:49 | Colleen Roy

Chief Justice of India Dipak Misra | You Tube screengrab

Chief Justice of India Dipak Misra

This is the first time ever that an impeachment notice has been filed against the Chief Justice of India. Ramaswami faced corruption charges.

Citing a Supreme Court order, Naidu reiterated that the CJI, as Master of Roster was entitled to allocate cases as he deemed fit referring to it as an internal matter of the judiciary.

"Both the parties are playing dirty politics and the way the impeachment notice was rejected is also political. It is only allowed for misbehavior", Kapil Sibal, who is also a senior lawyer, said. Meanwhile, the Congress said that the CJI should consider recusing himself from judicial and administrative duties until his name is cleared.

"Within hours of 64 MP's submitting the impeachment motion, Leader of Rajya Sabha (finance minister Arun Jaitley) had expressed naked prejudice by calling it a "revenge petition" virtually dictating the verdict to Rajya Sabha Chairman on that day. We expect positive action from the chairman". "Congress & other opposition parties will talk to some legal experts and take the next step". "We took upon ourselves to move the impeachment motion in the background set out above but on the basis of charges of acts of misbehaviour that are set out in the impeachment motion", the notice read. But due to the objections of some parties like the Trinamool Congress, he gave his consent to this initiative.

The move came a day after the apex court rejected the pleas of those, including Congress leader Tehseen Poonawalla, seeking an independent probe into the death of special CBI Judge B H Loya, who was hearing the high-profile Sohrabuddin Sheikh fake encounter case in which BJP President Amit Shah was discharged by the court.

Mr. Naidu added that conversations between third parties "with dubious credentials" can not constitute any material evidence against the CJI, seemingly referring to the allegations against the CJI based on a transcript of purported conversations between three accused persons in the medical college bribery case.

The senior BJP leader said yesterday's 114 page judgement in the Judge Loya death case "exposes every fact of the conspiracy to generate falsehood" as propaganda in the public and political space.

Mr. Naidu's order observed, "The Hon'ble Members of Parliament who have presented the petition are unsure of their own case".

"The Chairman didn't want the matter to linger on as it involved the prestige and dignity of the CJI's office".

Apart from this, the top court will also hear a petition in the Kathua rape case.

Rajya Sabha chairman Venkaiah Naidu on Monday rejected the impeachment motion against Chief Justice of India Dipak Misra by seven opposition parties. If there is evidence, then there is a committee which has to take a decision on the same. In the Lok Sabha, of course, their numbers are totally lacking.

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