Published: Tue, May 08, 2018
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Constitution bench headed by Justice Sikri to hear CJI impeachment matter today

Constitution bench headed by Justice Sikri to hear CJI impeachment matter today

After the rejection of the motion for removal of Chief Justice of India Dipak Misra by Vice President and Rajya Sabha chairperson M Venkaiah Naidu, leaders of opposition parties have moved the Supreme Court against the decision.

The decision of Vice-President Venkaiah Naidu is "illegal and arbitrary", says a petition by two Congress Parliamentarians.

Earlier in the day, the petition filed by the two MPs - Pratap Singh Bajwa from Punjab and Amee Harshadray Yagnik from Gujarat-was mentioned by senior advocate Kapil Sibal and advocate Prashant Bhushan before a bench headed by Justice J Chelameswar, the senior most judge in SC after the CJI.

Justice Kaul asked Sibal, who has drafted the petition, whether the plea had been numbered.Sibal replied that they have filed a petition in the Registry but they are not willing to number it."The procedure of this court is very simple".

The Judges said the petition should be taken up before the Chief Justice of India and cited a Constitution Bench judgment on the powers of the top Judge as master of the roster. Justices AK Sikri, SA Bobde, NV Ramana, Arun Mishra and AK Goel of the Constitution bench will hear the petition on Tuesday.

"I am of the view that it is imperative that we should have extraordinary, important and substantial grounds for the removal of a judge", he said.

Making his submissions, Sibal said that the Rajya Sabha chairman can not summarily reject the notice bearing signatures of 64 MPs and seven former members who had recently retired, on the ground that there was "no proved misbehaviour", as per PTI.

A solution has now been found by handing the case to a bench headed by Justice A.K. Sikri, the sixth senior-most judge. "It would be appropriate if you mention the matter in court number-1 before the bench of chief justice".

The petition called for a declaration that the Vice President as chairman of the Rajya Sabha can not exercise discretion and that he must set up an inquiry panel under the Judges' Inquiry Act, to probe the allegations against CJI Misra.

"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".

In their petition, the two MPs have said that the chairman couldn't have refused to admit the motion by stating that in his view the charges were not made out, since this effectively meant that he was going into the merits of the charges.

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