Vice President and Rajya Sabha Chairman Venkaiah Naidu, who rejected the impeachment motion against CJI Dipak Misra today (April 23), said that he arrived at the decision after having "detailed consultations" with the constitutional experts. He said that oppositions parties' move of initiating the impeachment motion was "neither desirable nor proper".
Naidu on Monday (April 23) rejected the impeachment motion moved by the opposition parties against Chief Justice of India (CJI) Dipak Misha. The Congress had on Friday (April 20) said that they have moved an impeachment motion against CJI Dipak Misra with the support of 64 MPs of the opposition.
Naidu signing the papers of rejection of Impeachment Motion
"After having perused annexures to the Motion and having detailed consultations and having studied opinions of constitutional experts I am satisfied that admission of this notice of Impeachment Motion is neither desirable nor proper," Naidu said.
Naidu spoke to attorney general KK Venugopal, former attorney general K Parasaran, former Supreme Court judge B Sudarshan Reddy, former law secretary PK Malhotra, former Lok Sabha secretary general Subhash Kashyap, and former legislative secretary Sanjay Singh, among others, before taking his call, reported HT.
(Image courtesy - ANI/Twitter)
Swamy backs RS Chairman's decision
BJP leader Subramanian Swamy strongly backed the Vice President's decision and said that "Congress committed suicide" by proposing such a move.
"He has decided correctly. He need not have taken two days to make the decision. It should've been considered null and void & thrown out from the beginning. Congress committed suicide by doing this," Subramanian Swamy told the media today.
Soli Sorabjee had also spoken against the Impeachment Motion
Eminent jurist Soli Sorabjee, who was the attorney general during the NDA government led by Atal Bihari Vajpayee, had earlier made a scathing attack on the opposition's decision to go for impeachment of the CJI, saying, "This is the worst that could happen to the independence of the judiciary."
CJI Dipak Misra
The Congress had earlier said that they may move the Supreme Court if the Upper House chairman did not find merit in the notice for the impeachment.
The Congress also attacked the BJP for coming out in "defence" of the CJI and said the ruling party was compromising the position and office of the chief justice as the neutral arbitrator and head of the judiciary and the party was doing great a disservice to the independence of the judicial system.
OneIndia had reported that there was a likelihood that the Rajya Sabha chairman, Venkaiah Naidu may reject the impeachment notice against Chief Justice of India, Dipak Misra. The joint press conference of the opposition parties is a clear violation of Parliament customs and conventions.
Further, the fact that Justice Misra is retiring in 6 months is also another factor that would be taken into consideration as the impeachment proceedings could not be completed in that time.
The joint presser and making the contents of the impeachment notice public is a clear violation of the norms and this could lead to rejection of the notice. According to the handbook for members of the Rajya Sabha, no advance publicity should be given to any notice, which is to be taken up in the House till it is admitted by the Chairman. This assumes importance in the context of the "political overtones" surrounding the first-of-its-kind move against the CJI.
On Friday, senior Congress leader Kapil Sibal had said that since the day CJI Misra was appointed, questions were raised about the way he dealt with certain cases.
"We wish this day had never come in the fabric of our constitutional framework," he added.
"When the judges of the Supreme Court themselves believe that the Judiciary's independence is at threat, alluding to the functioning of the office of the CJI, should the nation stand still and do nothing?" Sibal asked.