VP Venkaiah Naidu rejects notice for removal of CJI Dipak Misra

Judicial disorder

VP Venkaiah Naidu rejects notice for removal of CJI Dipak Misra

"I have also gone through the comments made by former Attorney General, constitutional experts and editors of prominent newspapers which are unequivocal and almost unanimous that the present notice of motion before me is not a fit case for removal of judges", Naidu said in his order. "So it is illegal", Sibal said. "I refuse to admit the Notice of Motion", he said.Naidu said he had detailed personal conversation on all aspects arising from the notice and had considered each of the allegations made in it individually as well as collectively. BJP chief Amit Shah said, "Our institutions which are an outcome of our Constitution today need to be saved from the onslaught of the Congress. The prefix "proved" places an obligation of actually proving the misbehaviour before the parliamentary procedure for removal of a judge can come into play", he said. At the stage of admission, Naidu said he had to apply a test that if every statement stated in the petition was believed to be true, would it still amount to a case of "proved misbehaviour".

Describing Rajya Sabha Chairman M Venkaiah Naidu's rejection of the Opposition notice seeking the impeachment of Chief Justice of India Dipak Misra as "illegal", "unconstitutional" and "hasty", the Congress Monday said MPs who had signed the notice would challenge the order in the Supreme Court. He also held deliberations with senior officials of the Rajya Sabha Secretariat and also spoke to former Supreme Court Judge B Sudarshan Reddy. Surjewala used the same 1993 judgment that had been quoted by Naidu in his order rejecting the impeachment notice.

Misra has refused requests to defer a controversial case concerning the demolition of the Babri Masjid, a centuries old mosque that was demolished in 1992 by a Hindu nationalists mob who said it was built on the site of a Hindu temple.

On the other hand, the BJP "thanked" Naidu for rejecting the impeachment notice and said the Opposition party's attempt was an act of "blasphemy" towards the Constitution. Former Union Law Minister and Congress leader Kapil Sibal said the party would challenge the V-P's decision in the Court.

Quoting Arun Jaitley's speech from August 2011 on the impeachment of J Sen, where he had said, "Judges no longer live in ivory towers. The Chair never objected to such publicity", Naik said. Sibal told reporters that the Chairman's order jeopardised the country's legal system and alleged that the Government was not keen to see a probe into the case. Sibal asked. He said the order was ill-advised because the chairman is required to consult the CJI, and as it can't be done in this case because the charges are against the CJI, the chairman was required to consult the members of the collegium.

"It has happened for the first time that four judges of the Supreme Court went to the people to seek justice". We are confident, that when we move that petition, the CJI has nothing to do with it.

BJP leader Subramanian Swamy hailed Naidu's decision of rejecting the impeachment notice. Leaders of seven Opposition parties had on Friday last met Naidu and handed over the notice of impeachment against the Chief Justice of India (CJI) bearing signatures of 64 MPs and seven former members, who recently retired. "He was the only statutory authority to take that decision and in my view he has rightly taken the decision", the jurist said.

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