Naidu expected to take legal opinion on impeachment motion

Naidu expected to take legal opinion on impeachment motion

Section 3 (2) of the Act then requires that a committee be constituted by the Chairman of the Rajya Sabha to investigate into the matter. We met him today and moved motion for impeachment of Chief Justice of India.

The motion presented to Naidu contains 64 signatures of Rajya Sabha MPs, and seeks Misra's impeachment on grounds of misbehaviour that relates to alleged abuse of power.

Terming it a sorry state of affairs, Sorabjee told a TV channel that there was no ground to impeach the CJI and the judiciary should sort out its problems itself without allowing politicians to get into them. If the report confirms the grounds on which impeachment has been sought, the motion for removal will be taken up in the upper house and debated. "Anyhow the move was initiated a month ago and most signatures were more than 20 days old".

Nearly 64 Parliamentarians belonging to seven political parties today signed the impeachment notice for proceedings against CJI Misra. "We expect positive action from the chairman".

Those who have signed the motion for impeachment motion belonged to the Congress, NCP, CPM, CPI, SP, BSP and RJD. The BJD and Orissa CM Naveen Patnaik has come out in support of the Chief Justice.

"Since the day he (Justice Dipak Misra) was appointed as CJI there have been questions raised in the manner in which he has dealt with certain cases", said Congress veteran Kapil Sibal, emphasising on the Judge Loya case verdict yesterday, where the petitions seeking inquiry into his death were brushed aside being called as "frivolous". DMK and Trinamool Congress (TMC) MPs did not sign.

The impeachment application is just a gimmick as the Congress and its allies do not have the numbers in both the houses to carry the impeachment process forward.

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Though no time limit has been prescribed by the rulebook, in previous cases when similar notices were submitted, the time taken by the RS chairman/Lok Sabha speaker to decide varied between three and 13 days, one of the officials said.

There can be no discussion (about removal of a judge) till a point because that will have a serious impact on the functioning of the judge concerned", she said, adding, "we are divided on polarised lines.

The fourth charge goes way back when CJI was an advocate and he acquired land by submitting an affidavit which was found to be false. Briefing the media on the impeachment motion, Sibal said, "We made a conscious decision not to involve Dr Singh as he was former PM". There is no political motivation behind it.

Sibal, at a press conference, said the five allegations of "misbehaviour" mentioned in the impeachment notice include a "conspiracy to pay illegal gratification" in the Prasad Education Trust case and the denial of permission to proceed against a retired high court judge in the same matter.

Former Prime Minister Manmohan Singh and former Finance Minister P. Chidambaram also didn't sign. It is not instant coffee. Article 124 (4) and Article 124 (5) of the Constitution speak of the way a judge of the Supreme Court may be impeached.

He said the motion does not refer to the Supreme Court judgement in the Loya case.

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