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

Laverne Mann
April 24, 2018

In a signed note given exclusively to TOI, nonagenarian Parasaran said the Lok Sabha speaker or Rajya Sabha chairman, on receipt of notice for removal motion against a judge, may consult such persons and material as may be available to him and take a decision either to admit or refuse the motion.

"We will certainly move a petition in the Supreme Court to challenge this order ..."

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.

Congress on Monday called Vice President Venkaiah Naidu's decision to reject the impeachment notice "illegal". He also spoke to former Supreme Court judge B.S. Sudarshan Reddy.

"Calling it a "fight between forces "Rejecting Democracy" & voices 'Rescuing Democracy", he said, 'Within hours of 64 MPs submitting the impeachment motion, Leader of Rajya Sabha (FM) had expressed naked prejudice by calling it a 'revenge petition" virtually dictating the verdict to Rajya Sabha Chairman on that day. "The prefix "proved" places an obligation of actually proving the misbehaviour before the parliamentary procedure for removal of a judge can come into play", he 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.

".the phrases used by the Hon'ble Members of Parliament themselves indicate a mere suspicion, a conjecture or an assumption".

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Eminent jurist and former attorney general of India Soli Sorabjee welcomed Naidu's decision to reject the impeachment notice against CJI Dipak Misra, saying he has "rightly applied his mind".

Sibal told the press that rejection of the motion was unprecedented because never has a motion, which has been signed by more than the required number of MPs in the Rajya Sabha, been dismissed like this in its preliminary stage. "We are confident the Chief Justice of India (Dipak Misra) will have nothing to do with it".

The order destroys the legitimate processes of the law. "It further states that "the Chief Justice of India appears to have anti-dated an administrative order", the Vice President said.

Sources revealed that the CJI was confronted by his colleagues on the slow pace of appointment of High Court judges, with the Centre sitting on the recommendation made by Collegium for months together.

"The Chairman of the Rajya Sabha has said that we have not been able to establish "proved misbehaviour" but how do we prove before an inquiry", asked Mr. Sibal.

He said the presiding officer of either House, in which the impeachment motion has been moved, does not have the discretion to independently decide about the validity of the motion.

Other reports by MaliBehiribAe

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