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VP Naidu rejects impeachment notice against CJI Misra, Congress to move Supreme Court

The vice president in his order today held that that the allegations emerging from the present case have a serious tendency of "undermining" the independence of the judiciary

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 Rajya Sabha Chairman M Venkaiah Naidu today rejected the unprecedented impeachment notice given by opposition parties led by the Congress against CJI Dipak Misra, saying it lacked substantial merit and that the allegations were neither "tenable nor admissible". Reacting to the development, Congress leader and senior lawyer Kapil Sibal said that they would move Supreme Court against the decision. 

The vice president in his order today held that that the allegations emerging from the present case have a serious tendency of "undermining" the independence of the judiciary. Naidu based his decision on the opinion of top legal and constitutional experts, including former secretary generals of Lok Sabha and other legal luminaries with whom he held extensive consultations. He also held the views of top legal and constitutional experts, including former chief justices and judges, before taking the decision, sources said.

Kapil Sibal later laid out Congress future game plan in a press conference. He said, " We'll certainly file a petition (in Supreme Court) against this & would want the CJI to not take any decision with respect to it, be it the listing or anything else, we;ll accept whatever SC decides". So, Congress wants CJI Misra to recuse himself from the case when it comes up in Supreme Court. Abhishek Manu Singhvi reacting on Twitter called VP Naidu's decision, " Expectedly, Sh Naidu rejected imp’ment motion. Unexpectedly, he did so within one day of returning from outstn. Hopefully, the alacrity was not intended to render infructuous calls for CJI to stop Admn work". 

Seven opposition parties led by the Congress had last week moved a notice before him for impeachment of the Chief Justice of India (CJI) on five grounds of "misbehaviour". Leaders of the opposition parties had on Friday last met Naidu and handed over the notice of impeachment against the CJI bearing signatures of 64 MPs and seven former members, who recently retired. "I have considered the material contained in the Notice of Motion and reflected upon the inputs received in my interaction with legal luminaries and constitutional experts, I am of the firm opinion that the Notice of Motion does not deserve to be admitted," Naidu said in the order rejecting the plea.
"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. "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," he said in his order. "The allegations emerging from the present case have a serious tendency of undermining the independence of 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," he said. The Rajya Sabha chairman said that after having perused annexures to the motion, detailed consultations and studied opinions of constitutional experts, he was "satisfied that admission of this Notice of Motion is neither desirable nor proper on any of these grounds".

Naidu also held the "We cannot allow any of our pillars of governance to be weakened by any thought, word or action." "In the absence of credible and verifiable information placed before me which gives an indication of 'misbehaviour' or 'incapacity', it would be inappropriate and irresponsible act to accept statement which have little imperial basis," he said. The vice president said the MPs, who have presented the petition, are themselves "unsure" of their own case as the phrases used by them indicate "a mere suspicion, a conjecture or are assumptions".

"The same does not constitute proof 'beyond reasonable doubt', which is required to make out a case of 'proved misbehaviour' under Article 124 (4)," the order said. "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," the chairman said while making a reference to the press conference held by opposition parties. The rejection of the notice comes a day after he held the consultations to determine the maintainability of the motion. The sources said that Vice President Naidu met the experts after re-scheduling his travel plans considering the seriousness of the matter.


 

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