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Published: Tue, May 08, 2018
Tech | By Dwayne Harmon

Rajya Sabha MPs move SC on Misra impeachment issue

Rajya Sabha MPs move SC on Misra impeachment issue

Two Opposition leaders Monday moved the Supreme Court challenging the rejection of the impeachment notice against Chief Justice of India Dipak Misra by the Rajya Sabha Chairman on the ground that there was "no proved misbehaviour".

The bench comprising Justices AK Sikri, Justice SA Bobde, Justice NV Ramana, Justice Arun Mishra, and Justice Adarsh Kumsar Goel will hear the matter as a first item at 10.30 am.

The bench will be headed by justice A K Sikri, number six in seniority.

The next four senior-most judges - who along with the Chief Justice make up the collegium - would also have found it hard to sit on judgment as they had complained at an unparalleled media conference in January about the way in which Justice Misra was allocating cases.

Notably, the bench does not include the five senior-most judges of the Supreme Court Justices Jasti Chelameshwar, Ranjan Gogoi, Madan Lokur and Kurian Joseph, and Chief Justice Misra himself.

The petition was mentioned on Monday morning before a Bench of Justices J. Chelameswar and S.K. Kaul by senior advocate Kapil Sibal for early hearing. I have practised in this court for the last 45 years and the procedure is that whenever there is a petition against the CJI, it is mentioned before the bench headed by the seniormost SC judge. "The misconceived motion for the impeachment of the Chief Justice of India is just one example of this", Jaitley had said. "A person maynot be considered a judge in his own cause", he explained.

"We are only concerned with the listing.Your lordships may not pass any orders", Sibal said.

Both Justice Chelameswar and Justice Kaul went into a huddle and asked Sibal and Bhushan to come tomorrow so they could take a call on the issue.

To Mr Sibal's debate, the judges answered the petition should be consumed before the main Justice, whose function as learn of their roster - the anyone to pick on assigning of cases - had been defined. "It would be appropriate if you mention the matter in court number-1 before the bench of chief justice".

On 23 April, Naidu rejected the Congress-led opposition parties' notice to remove the CJI saying it lacked substantial merit.

The petitioners argued that it is not the chairman's prerogative to adjudicate over whether there has been any abuse by the CJI of his power as the master of the roster, as this is the job of an inquiry committee.

"Having 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 the motion does not deserve to be admitted".

"The manner in which the Vice-President rejected the notice for impeachment raises serious constitutional issues".

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