Opposition slams Venkaiah Naidu for rejecting impeachment notice, BJP thanks him

Todd Singleton
April 24, 2018

Kapil Sibal, Congress leader and one of the Rajya Sabha members who signed the motion, said: "We will file a petition in the Supreme Court to challenge this order".

The order came before the Supreme Court began its proceedings on Monday.

BJP spokesperson Meenakshi Lekhi also accused the Congress of being "institutional disruptor" and of playing "dirty politics". Sibal said it was ill-advised of the Chairman to reject the motion without even consulting the judges who had voiced their concerns through a press conference on January 12, 2018. As the election campaign in Karnataka is picking the pace, it will not be surprising if the Supreme Court is dragged into the campaign.

Surjewala said within hours of 64 MPs submitting the impeachment notice, Leader of Rajya Sabha Arun Jaitley had shown "naked prejudice" by calling it a revenge petition, "virtually dictating the verdict" to the Rajya Sabha chairman.

Naidu also took the views of top legal and constitutional experts, including former chief justices and judges, over the past two days before taking the decision, the sources said.

The order, which said that the Notice of Motion does not deserve to be admitted, also drew a mixed response among the legal fraternity.

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Picking up on the usage of in-definitive phrases like "may have been involved in a conspiracy", "he too was likely to fall within the scope of investigation", "appears to have anti-dated and administrative order", Naidu argued that they indicate a mere suspicion, a conjecture or an assumption.

Earlier, Sibal said "never before in India's history" had a motion moved by MPs been dismissed at the preliminary stage as he attacked Naidu. It destroys the legitimate processes of the law.

Senior Congress leader and former law minister Salman Khurshid said on Monday that he was not kept in the loop regarding the impeachment notice against CJI Dipak Misra. We are confident, that when we move that petition, the CJI has nothing to do with it. "Conversations between third parties with dubious credentials, which have been extensively relied upon, can not themselves constitute any material evidence against the holder of the office of the Chief Justice of India", Naidu ruled.

In 1993, India saw the first-ever impeachment motion against Justice V Ramaswami who retired as a Supreme Court judge in 1994. If all charges were to be proved before inquiry as RS Chairman suggests, Constitution & Judges (Inquiry) Act will have no relevance.Don't muzzle Constitution, ' Mr Surjewala said in another tweet.

The impeachment motion against Justice Misra was moved by 71 MPs from the Opposition camp on Friday. It was only the inquiry committee of three judges, required to be set up under the procedure, that could decide if the charges were made out or had any merit.

Other reports by Free-Prsite

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