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Congress withdraws petition of impeachment of CJI in SC

Team SoOLEGAL 8 May 2018 5:34pm

Congress withdraws petition of impeachment of CJI in SC

New Delhi: The petition filed by two Congress MPs in Supreme Court challenging rejection of their notice of impeachment against Chief Justice of India Dipak Misra by Rajya Sabha Chairman M Venkaiah Naidu, was today withdrawn by them on the grounds of setting up of a five-judge constitution bench to hear the sensitive matter.

Arguing the case for two Rajya Sabha Congress MPs -- Partap Singh Bajwa from Punjab and Amee Harshadray Yajnik from Gujarat, the senior advocate Kapil Sibal and senior Congress leader raised objections to setting up of the five-judge bench to hear the matter and wished to know who had passed the order that the matter would be heard by a constitution bench. He said the matter was listed before the five-judge bench through an administrative order and the Chief Justice of India cannot pass such order in this matter. He demanded copy of the order.

To counter volley of questions put forth by Kapil Sibal, Attorney General K K Venugopal argued that only two MP's out of 50 MP's who had moved the impeachment notice, have approached SC. He said it can be inferred that this move of two MP's is not supported by other MP's who were part of the impeachment notice.

A five-judge bench headed by Justice A K Sikri and comprising of Justices S A Bobde, N V Ramana, Arun Mishra and A K Goel was reluctant to accept their contention regarding setting up of the bench and declared the petition as dismissed as withdrawn after a 45-minute hearing. The bench said it is a “piquant and unprecedented situation where CJI is a party and other four judges may also have some role” and added “we don’t know”.

The bench asked Sibal multiple times whether any purpose would be served if the two MPs were given a copy of the administrative order passed by the CJI for setting up of the five-judge bench. To this Kapil Sibal said they would decide whether to challenge or not only after getting the copy. When Kapil Sibal realised that bench is not going to oblige, he decided to withdraw his petition.

A day before two Congress MPs had approached the court challenging the rejection of the impeachment notice against the CJI by the Rajya Sabha Chairman and Vice President Venkaiah Naidu. They claimed that the reasons given were “wholly extraneous” and not legally tenable. While submitting the plea Kapil Sibal had asked for urgent listing before a bench headed by Justice J Chelameswar, the senior-most after CJI Misra.Justice Chelameswar asked him to put the matter before bench headed by CJI but other members asked Kapil Sibal to come back tomorrow.

Tagged: SC   CJI   Rajya Sabha Chairman  
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