8 years ago
New Delhi:
Congress has withdrawn its petition challenging Rajya Sabha chairman Venkaiah Naidu's decision to reject the impeachment move against Chief Justice of India Dipak Misra from the Supreme Court. Party leader and senior lawyer Kapil Sibal, who appeared for the MPs, questioned the decision to assign the case to a five-judge constitution bench of the Supreme Court. "Matter was listed before 5-judge bench through an administrative order. Chief justice can't pass such orders in this matter. We need to have copy of the order on setting up of bench as they may consider challenging it," he told the court. Mr Sibal is one of the signatories to the impeachment notice in Rajya Sabha.
The five-judge constitution bench assigned to hear the plea included Justices AK Sikri, SA Bobde, NV Ramana, Arun Mishra and AK Goel. Justices Bobde and Ramana are both in line for chief justice. Justice Sikri, who will head the bench, is number six in seniority. The petition moved by the Congress says Mr Naidu's decision was "illegal and arbitrary" and taken in a "cavalier, cryptic and abrupt manner", without an inquiry.
The senior-most judges - Justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Jospeh - who had held the controversial January 12 press conference in which they had virtually revolted against the CJI by raising litany of allegations against him, have been kept out of the matter.
Last month, the impeachment petition signed by over 60 Rajya Sabha parliamentarians called for Justice Misra's impeachment six months before he retires. The motion "doesn't deserve to be admitted", Mr Naidu, the chairman of the Rajya Sabha, said just three days later.
The five-judge constitution bench assigned to hear the plea included Justices AK Sikri, SA Bobde, NV Ramana, Arun Mishra and AK Goel. Justices Bobde and Ramana are both in line for chief justice. Justice Sikri, who will head the bench, is number six in seniority. The petition moved by the Congress says Mr Naidu's decision was "illegal and arbitrary" and taken in a "cavalier, cryptic and abrupt manner", without an inquiry.
The senior-most judges - Justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Jospeh - who had held the controversial January 12 press conference in which they had virtually revolted against the CJI by raising litany of allegations against him, have been kept out of the matter.
Last month, the impeachment petition signed by over 60 Rajya Sabha parliamentarians called for Justice Misra's impeachment six months before he retires. The motion "doesn't deserve to be admitted", Mr Naidu, the chairman of the Rajya Sabha, said just three days later.
