Monday 7 May 2018

CJI Dipak Misra impeachment: SC bench to hear petition today; top updates

Chief Justice of India Dipak Misra

After two Rajya Sabha members of the Congress party on Monday moved the Supreme Court challenging the rejection of their impeachment notice against Chief Justice of India Dipak Misra, a five-judge Bench comprising Justices A K Sikri, S A Bobde, N V Ramana, Arun Mishra and A K Goel will on Tuesday hear their petition. The MPs have questioned Upper House Chairman and Vice-President of India M Venkaiah Naidu's decision to reject the party's notice for an impeachment motion against the CJI.

The Bar Association of India, a voluntary organisation of lawyers stated that "the notice for the impeachment of Chief Justice of India Dipak Misra was "unwarranted" and an assault on the judiciary".

Senior advocate Kapil Sibal, also one of the signatories of the impeachment notice, mentioned the petition filed by two Members of Parliament -- Partap Singh Bajwa and Amee Yajnik -- for an urgent listing before a Bench headed by Justice J Chelameswar. Sibal said Rajya Sabha chairman M Venkaiah Naidu could 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".

The SC Bench asked Sibal and advocate Prashant Bhushan to mention the matter before the Chief Justice of India for an urgent listing by citing a constitution Bench judgment on the powers of a "master of roster".

Impeachment notice's rejection raised "serious constitutional issues" and involved interpretation of constitutional provisions, said Sibal.

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