Monday 7 May 2018

CJI Dipak Misra impeachment: Five judges to hear Congress plea today

Chief Justice of India Dipak Misra

A five-Judge Constitution Bench of the Supreme Court will hear on Tuesday a plea by two Congress Rajya Sabha members against house Chairman M. Venkaiah Naidu's decision to reject a notice on the impeachment motion against apex court's Chief Justice Dipak Misra.
The bench comprising Justices A. K. Sikri, Justice S. A. Bobde, Justice N. V. Ramana, Justice Arun Mishra, and Justice Adarsh Kumsar Goel will hear the matter as a first item at 10.30 a.m. The plea by two Rajya Sabha members -- Pratap Singh Bajwa and Amee Harshadray Yajnik -- was included in the supplementary list issued by the top court's Registry on Monday evening.

Earlier on Monday morning, a bench headed by Justice J. Chelameswar told senior counsel Kapil Sibal to "come back tomorrow" as the latter mentioned the matter for listing for an early hearing. Sibal told the court that since the matter involved the Chief Justice of India, it could not be mentioned before him.

He had also told the bench that the rejection of the notice of motion seeking the removal of Chief Justice Misra raised "serious constitutional issues" and involved interpretation of constitutional provisions. The Rajya Sabha Chairman had on April 23 rejected the notice given by Rajya Sabha members of the Congress and six other opposition parties to seek the removal of Chief Justice Misra on grounds of "misbehaviour".

Naidu had said that the notice lacked merit.

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