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Impeachment notice against CJI: Vice President Naidu 'unhappy' over publicity for motion

There is a likelihood that the Rajya Sabha chairman, Venkaiah Naidu may reject the impeachment notice against Chief Justice of India, Dipak Misra. There were divisions within the Congress, with former Prime Minister Manmohan Singh staying away from the move and senior Supreme Court advocate Salman Khurshid expressing reservations. If he's convinced these charges are valid, why hasn't he signed?

They do not trust the chief justice of India. "Senior Congress leader Kapil Sibal, talking about the impeachment bid against the CJI, said, 'Democracy can thrive only when our judiciary stands firm, independent of the executive". On the issue whether consensus eluded the opposition parties on the issue, Sibal said "there is consensus".

Thirdly, the process shows up cracks not only within the opposition but within the Congress itself. If this did not take place, it was exclusively because of the division within the party.

The Trinamool Congress and the DMK, besides the RJD and some other parties, have backed out from supporting the move.

"A note for raising an issue in the House should perhaps not be provided with advertisements by any participant or another person until it has been admitted from the Chairman and circulated with members". The Congress and its allies have listed five specific charges that do not include Justice Loya case as the reason justifying the motion.

Nariman specified that bringing forth such charges against the CJI amounts to "destroying the Constitution". It can be seen in the context of three recent judicial decisions, which were delivered in a quick succession: Aseemanand's acquittal in the Mecca Masjid bombing case, dismissing of the petitions seeking an SIT inquiry into the death of Judge Loya, and former BJP MLA Maya Kodnani's acquittal in the Naroda Patiya massacre case. "If members of the ruling party don't like a particular judgment", he said. The Congress has all along been maintaining that it was a right granted to Parliament members to initiate proceedings against judges who face accusations. "And that's why we have left it to his (CJI) conscience", he added. "The majesty of the law is more important than the majesty of any office". BJD will also be against it since CJI Dipak Misra is from Odisha. An FIR had been registered by the CBI. A thorough investigation is required on this front.

During the hearing on Friday, the apex court refused to gag the media at this stage from publishing or telecasting any information relating to the discussions and deliberations on removal of judges of either the apex court or the high courts.

Justice Chelameswar, who represented the four judges in an unprecedented press conference, said they had approached the CJI with a letter but failed to convince him. The Chairman can reject it if he finds the grounds flimsy, yet may allow the procedure to be completed. But... the four judges didn't subscribe to this charge. So, even if the opposition as a whole supports the impeachment motion, it can not be successful to get two-thirds support in each House of the Parliament.



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