On Impeachment Move, Kapil Sibal (2018) vs Kapil Sibal (2010)

Opposition leaders at a press conference in New Delhi on Friday

Opposition leaders at a press conference in New Delhi on Friday

The Rajya Sabha chairman on Monday rejected the notice for impeachment of the Chief Justice of India, given to him by the Opposition on Friday, on grounds of lack of merit.

The Congress party, which had spearheaded the Opposition's move for the Chief Justice's removal, has now indicated that it would move the Supreme Court in challenge against the Rajya Sabha chairman's decision.

Congress has chose to challenge the decision of the Vice President in supreme court, as Sibal elaborated, that they'd would want, Dipak Misra from refraining from any decisions on the matter.

In Hyedrabad, where he was yesterday re-elected the general secretary of the CPI (M) for a fresh term, Yechury also slammed Naidu's decision. The Vice President, the ex-officio Chairman of the Rajya Sabha, at this stage has only to consider as to whether the motion is valid. We are confident, that when we move that petition, the CJI has nothing to do with it. The parties that supported the motion were CPI, CPI (M), NCP, SP, BSP and IUML. "It is illegal because the Chairman has passed an order which is required to be passed after a full-fledged inquiry", Mr. Sibal said. "Presently it seems okay to me", Justice Sawant said.

The petition ahd come a day after a Supreme Court bench, led by the CJI, ruled that Judge BH Loya's death in 2014, who was died mysteriously during the hearing a murder case against BJP president Amit Shah, needed no investigation and was a natural death.

"The allegations emerging from the present case have a serious tendency of undermining the independence of judiciary which is the basic tenet of the Constitution of India", Naidu said in a signed order shared with journalists. Several other senior BJP leaders reiterated Lekhi's assertions while adding that the Congress, and other Opposition parties, was trying to derail constitutional processes and institutions for their personal political gains.

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"If you issue a whip, you are in fact not allowing a (member of parliament) to exercise his judicial judgement, because when you are in parliament in an impeachment proceeding, you are judges", he said.

"And for that the condition is only one - it should be signed by 50 members of Rajya Sabha". Congress leaders said over the weekend that the party is considering moving the Supreme Court if the notice to remove is rejected. "You can not boot the privilege in this manner", Sibal said, adding that the government is very keen that charges made in the petition must not be allowed to be inquired into.

The Vice President had consulted Attorney-General KK Venugopal, former law officer K Parasaran, retired Supreme Court judge Sudarshan Reddy, former Secretary-General of the Lok Sabha Subhash Kashyap, former Law Secretary PK Malhotra and former Legislative Secretary of the Rajya Sabha Sanjay Singh while deciding on the impeachment motion, said news reports.

Naidu also pointed out that the opposition parties had disregarded parliamentary customs and conventions which prohibit any publicity of any notice submitted by a member till it has been admitted by the chairman and circulated by the members.

Even after the Rajya Sabha Chairman refused to admit the motion seeking removal of Chief Justice of India Dipak Mishra, the matter has not come to a rest.

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