CJI removal notice rejected: Congress to move SC, BJP hits back

Judge Loya’s Death No Foul Play Says Supreme Court

Judge Loya’s Death No Foul Play Says Supreme Court

The charges against Dipak Misra include judicial corruption and not acting upon the allegations brought against him by the four senior judges of the SC among others including abuse of power. There should be an application for judicial review. "The Congress committed suicide by doing this", Swamy said. "Most of the charges are internal matters to be resolved by Supreme Court itself", Naidu added. "Obviously he can not allocate the bench".

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. "Till then, he should think whether he should work as a Judge or not".

Naidu had on Sunday held discussions with a number of constitutional and legal experts, including Attorney General K K Venugopal, and former top law officer K Parasaran on the maintainability of the opposition notice.

Vice President M Venkaiah Naidu on Monday rejected the Impeachment Motion against Chief Justice of India (CJI) Dipak Misra.

"In passing, I am constrained to observe that in this matter, the well established parliamentary customs and conventions as have been delineated in para 2.2 of the Handbook for Members of Rajya Sabha have been disregarded", Naidu said.

On where the appeal of the aggrieved party lies, he said, "first to the Chairman himself".

"We will go to Supreme Court against the order". The opposition gave a notice under a provision of the Constitution, which only talks about removal of judges of the apex court and not impeachment, he claimed.

Lawyers demanding a probe into Judge Loya’s death in New Delhi
Lawyers demanding a probe into Judge Loya’s death in New Delhi

"We believe that the chairman has limited jurisdiction of whether to admit the motion or not". But, before the motion could be placed in the Lok Sabha, Sen resigned. RS chairman can't adjudicate the motion, for he has no mandate to decide the merits of the motion.

"The chairman's decision is open to being challenged. There is a finality about that", he said.

"As far as the impeachment motion is concerned, it was known that it would be defeated". This is not a motion which is governed by the rules of the House. It then notes that all such experts nearly unanimously opined that the present motion was not a fit case for removal of a judge. Sorabjee said the vice president has found no merit in the notice given by opposition parties led by the Congress for impeachment and has consulted legal experts before arriving at the decision.

The Congress is refusing to take Naidu's order as the final word. "That is the difference". "The only aim of the Congress was to intimidate the judiciary and put the integrity of the Supreme Court under cloud", he said.Activist lawyer Prashant Bhushan, who is in the forefront of leading the campaign against the CJI, said the decision was "unconstitutional" and "political" to protect the CJI. Similarly, the same trend is being seen in the case of courts. The Telugu Desam Party, which recently left the NDA, is yet to take a stand.

By this interpretation, the aggrieved party has the right to move the court and challenge the decision. As the head of Rajya Sabha, he must have taken opinion of the people. This discretion has been given to the Chairman by the law.

"The vice president has applied his mind".

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