Rajya Sabha chairman Venkaiah Naidu said CJI Dipak Misra’s (pictured) impeachment notice lacked merit
Naidu said the impeachment
notice lacked substantial merit. He said the allegations were neither “tenable nor admissible”, and could undermine the independence of the judiciary.
Naidu, who is also the vice-president, said the issues raised were an internal matter of the judiciary.
“We will certainly move a petition in the Supreme Court
to challenge this order, and we are confident that when we move the petition, the chief justice has nothing to do with it,” Congress
leader Kapil Sibal, who has spearheaded the campaign to file the impeachment
notice, said. Sibal said the rejection of the impeachment
notice was unprecedented as never before a motion moved by MPs
been dismissed at the preliminary stage. He added the move was illegal because the Rajya Sabha
Chairman has passed an order which is required to be passed after a full-fledged inquiry.
: Impeachment explainer and options before Oppn if Chairman rejects motion http://mybs.in/2VmAie0
“It seems the government is keen that this (allegations against the CJI) must not be allowed to be inquired into. They don’t want this information to come on record,” Sibal said. The Congress
leader said, according to rules, the Chairman or Speaker only need to satisfy themselves if the allegations are not frivolous, and whether the petition is signed by 50 MPs.
Former Lok Sabha
Speaker Somnath Chatterjee
said Naidu acted in a “hurried manner”, while several others, including noted constitutional experts Soli Sorabjee
and Fali S Nariman, defended Naidu’s decision. Chatterjee said the episode has set a bad precedence, which is not good for democracy.
“There are procedures in the Constitution and the Chairman of Rajya Sabha
should have followed it instead of acting in a hurried manner,” Chatterjee said.
Leaders of seven political parties had met Naidu on Friday to submit the impeachment
notice against the CJI. In the notice, the MPs
have levelled five charges of “misbehaviour” against the CJI.
: Oppn meets VP, move notice for CJI's impeachment; SC judges 'disturbed' http://mybs.in/2VmAiiC
Sources said Naidu consulted with constitutional experts before taking the decision. “Clearly, this is an internal matter to be resolved by the Supreme court
itself. Going through the five allegations mentioned in the notice, I am of the view that they are neither tenable nor admissible,” Naidu said in his order. “The allegations emerging from the present case have a serious tendency of undermining the independence of the judiciary, which is the basic tenet of the Constitution of India.
“Based on all this, I have come to the conclusion that this motion does not deserve to be admitted… On careful analysis and reflection, I find there is virtually no concrete verifiable imputation,” the Rajya Sabha
Chairman said. The vice-president said the MPs
who have presented the petition are themselves “unsure” of their case as the phrases used by them indicate “a mere suspicion, a conjecture or are assumptions”.
“I don’t see chances of the writ petition
(challenging Naidu’s decision) succeeding,” Sorabjee said, and supported the Rajya Sabha
Chairman’s decision in rejecting the motion. Nariman said the issues raised in the impeachment
notice against the CJI were not of sufficient gravity and were rightly rejected.
and other Supreme Court
judges on Monday held a longer than usual morning meeting, leading to a delay of about 15 minutes in starting of proceedings in all courts, amid speculation that they discussed the notice to remove the CJI and its rejection.