Impeachment motion against CJI will get defeated, says AAP

Leaders of opposition parties address media after their meeting | Twitter  INCIndia

Leaders of opposition parties address media after their meeting | Twitter INCIndia

The parties, led by Ghulam Nabi Azad of the Congress party, met the chairman of the Rajya Sabha, Venkaiah Naidu, to move this motion on Friday.

The BJP yesterday hit out at the Congress and other opposition parties for submitting an impeachment notice for removal of Chief Justice Dipak Misra, saying it aims to cover up their repeated failures in judicial battles.

The impeachment notice comes a day after the Supreme Court rejected a bunch of petitions seeking an independent probe into the death of Judge B.H. Loya, who was hearing the Sohrabuddin Sheikh encounter case.

"Though there is no precedent, I think it can be challenged by the petitioners if the RS chairman rejects the motion", he said. "Anyhow the move was initiated a month ago and most signatures were more than 20 days old".

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As per media reports, over 60 MPs of the Rajya Sabha belonging to seven political parties gave the impeachment notice against the CJI.

The lawmakers who signed the notice belong to Congress, the Nationalist Congress Party, the Communist Party of India, the Communist Party of India (Marxist), the Socialist Party, the Bahujan Samaj Party and the Indian Union Muslim League. No Chief Justice has ever been impeached in the country.

The first procedural step to remove a judge of the Supreme Court, including the CJI, requires a removal motion signed by 100 members of Lok Sabha or 50 members of Rajya Sabha.

"References to the Chief Justice by innuendo in these conversations are evident", he said, adding that the denial of permission to the CBI to register an FIR against Justice Narayan Shukla of the Allahabad High Court, when the CBI shared incriminating information with the Chief Justice "was itself an act of misbehaviour".

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The fourth charge referred to a almost four-decade-old incident, when Justice Misra as an advocate had allegedly given a false affidavit to acquire land which was cancelled by the local additional district magistrate. He is also embroiled in a land allotment case in Odisha where the lease of land allotted to him was cancelled by the state government owing to irregularities in an affidavit. Now this likely challenge at the Supreme Court presents real constitutional tangle?

The BJP also said that the move was to "degrade and denigrate" the judiciary as the Congress and other parties were getting exposed in the judgements related to the Bharatiya Janata Party (BJP) leaders. There is no political motivation behind it. One of the concerns expressed by the judges was that for some time, the administration of the Supreme Court was not in order and many things that were not desirable have happened. It is not a small issue. "We may not agree with any particular judgment, but the Constitution does not permit impeachment for any judgment".

"It is a revenge petition after the falsehood of the Congress Party has been established in the Justice Loya death case", Jailtey wrote in a blog posted on Facebook. "Otherwise you (parties) can keep moving motions and say you cannot continue", Soli Sorabjee said.

"The impeachment is under constitution".

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Sibal said the charges as stated "suggest conduct unbecoming of a person" holding the office of the Chief Justice of India.

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