CJI Dipak Misra should recuse himself from judicial work, until allegations are cleared: Congress

Days after seven opposition parties gave a notice for the impeachment of Chief Justice of India (CJI) Dipak Misra, the Congress said today he "should consider recusing himself" from performing judicial and administrative work till the allegations of misconduct against him were cleared.

The Congress also attacked the BJP for coming out in "defence" of the CJI and said the ruling party was compromising the position and office of the chief justice as the neutral arbitrator and head of the judiciary and the party was doing great a disservice to the independence of the judicial system.

"The CJI must come out and tell the BJP not to politicise his office," Congress leader Randeep Surjewala told reporters here.

He further said the CJI did not belong to any political party and questioned why he had to be defended by members and ministers of the ruling BJP.

The Chief Justice of India should be above suspicion, Surjewala said, adding that if CJI Misra's conduct had come under a cloud, he should consider recusing himself from performing his judicial and administrative duties.

"Caesar's wife must be above suspicion. And that's why we left it to his (CJI) conscience. If his own conduct is under a cloud, should he not consider recusing himself from performing judicial and administrative duties and submit himself to the inquiry so that the high office and his individual integrity are cleared?" Surjewala asked.

This will ensure that the process of law is followed in an appropriate manner, the Congress leader added.

Seven opposition parties led by the Congress had on Friday initiated an unprecedented step for the impeachment of the CJI, moving a notice accusing him of "misbehaviour" and "misuse" of authority.

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.

He is the chief justice of the entire nation and belongs to the entire country, Tankha said.

Tankha, who is also an advocate, said as an MP, he was confident that the Rajya Sabha chairman would take an appropriate decision on the matter under the provisions of the Constitution.

"The country and citizens are looking for answers. And until then I feel the CJI should voluntarily submit himself for the inquiry," he said.

Speaking at the same press conference, senior advocate and nominated Rajya Sabha member K T S Tulsi said people took great pride in the integrity of judges.

But if there was even the slightest suspicion, it became the duty of Parliament to take note of that, he said.

"As MPs we are performing our duty with a very heavy heart but it is in the interest of the nation and interest of democracy that the inquiry should be held. And if no inquiry is held it would do much greater damage to the Supreme Court of the country," he added.