CJI Deepak Misra Impeachment Motion: Congress Leader Kapil Sibal Withdraws Petition
Sibal questioned the Supreme Court's order on impeachment plea and asked to show how reference was made to refer to Constitution bench. No single judge of the bench had an answer for this.
New Delhi, May 8: A petition on the impeachment of CJI Dipak Misra was withdrawn on Tuesday after the Constitution Bench refused to give the petitioner, details of the administrative order passed constituting the Bench. Congress leader and senior advocate Kapil Sibal withdrew the impeachment plea against Misra after the Apex Court refused to share the details of the bench.
The Supreme Court dismissed the petitions as withdrawn. Sibal- appearing for the MPs, asked who passed the order for setting up a 5-judge bench to hear the matter. Sibal questioned the SC's order on impeachment plea and asked to show how reference was made to refer to Constitution bench. No single judge of the bench had an answer for this. "Matter was listed before 5-judge bench through an administrative order, CJI can't pass such orders in this matter," said Sibal
Sibal dramatically changed strategy and sought to know how the CJI overnight passed an administrative order listing the petition before a five-judge bench. "Give me that order. I want to challenge it," Sibal said. The Congress leader said SC repeatedly asked what purpose it would serve if Sibal was given a copy of the administrative order passed by the CJI referring the petition to the five-judge bench. The Congress leader said only after getting the order he would decide whether to challenge it or accept it.
The bench was headed by Justice AK Sikri, number six in seniority. The other members are Justices SA Bobde, NV Ramana, Arun Mishra and AK Goel, who are next in the sequence of seniority. On Monday, two Congress MPs - Pratap Singh Bajwa from Punjab and Amee Harshadray Yajnik from Gujarat filed the petition in the apex court against the rejection of the notice, which was moved by seven opposition parties last month.
The petition filed in Supreme Court challenging the decision of Rajya Sabha Chairperson Venkaiah Naidu to reject the notice of motion for removal of Chief Justice of India Dipak Misra was heard on Tuesday by a Constitution Bench of Justices SA Bobde, AK Sikri, NV Ramana, Arun Mishra and AK Goel.
To recall, on April 20, the opposition parties led by Congress moved the impeachment motion in the Rajya Sabha, seeking the removal of CJI Misra under Article 217 read with article 124 (4) of the Constitution of India. The motion was signed by 64 sitting members of the House. In the impeachment motion, the opposition cited four acts of misbehaviour, including his handling of Prasad Education Trust case. It must be noted that Naidu rejected the impeachment motion saying that it lacked substantial facts to hold CJI Misra guilty of misbehaviour.
(The above story first appeared on LatestLY on May 08, 2018 11:33 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).