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Showing posts with label Dipak Misra. Show all posts
Showing posts with label Dipak Misra. Show all posts

Friday, April 20, 2018

Is Congress's move for impeachment of Chief Justice of India a "political weapon" to avenge verdict in Loya case?

The Congress and other Opposition parties met Vice President and Rajya Sabha Chairman M Venkaiah Naidu on Friday, and handed over a notice for the impeachment of Chief Justice of India Dipak Misra. Meanwhile, Supreme Court Justices AK Sikri and Ashok Bhushan heard a separate petition seeking to restrain the media from reporting on the issue of the impeachment motion. "We all are disturbed about it," they said. Here are the top highlights from the day.No judge, let alone a Chief Justice, has ever been impeached in India.

Many political advisor's think that resolution for the impeachment was "of course constitutional," but "the reason pointed out by Rahul Gandhi and his allies is highly political." This will also defame judiciary. The news has spread worldwide and Washington Post has also reported the news.Troubles for Dipak Misra, who is due to retire in October at age 65, started in January when four other Supreme Court judges launched a rare public revolt, criticizing his distribution of cases and judicial appointments. The four judges said they met with Misra and demanded changes, but he refused.

Former Prime Minister Manmohan Singh is not among the 71 Rajya Sabha members who have signed the unprecedented motion for impeachment of Chief Justice of India Dipak Misra. Neither are other senior Congress leaders, P Chidambaram and Abhishek Manu Singhvi, both lawyers.

"We didn't involve Manmohan Singh intentionally as he is an ex-PM," said Congress leader Kapil Sibal. Parties like the Trinamool Congress have not supported the motion - they felt it was legally not advisable as Chief Justice Misra has only six months to retire.

Here are the 5 reasons Congress cited for impeachment against CJI Dipak Misra:

1. Charge No 1: The opposition’s first charge relates to an alleged conspiracy to pay illegal gratification by persons in relation to the Prasad Education Trust and the manner in which the case was dealt by the CJI. The Congress quoted that the denial of permission to the CBI to register an FIR against Justice of the Allahabad High Court, when the CBI shared incriminating information with the Chief Justice Narayan Shukla was itself an act of misbehaviour.

2. Charge No 2: The second charge relates to the CJI’s dealing on the administrative as well as on the judicial side with a writ petition which sought an investigation into the matter of Prasad Education Trust, in which the CJI was too likely to fall under the scope of investigation, Congress said.

3. Charge No 3: The third charge by the Opposition amounts to antedating. “The letter quoted that the practice in the Supreme Court is that when the Chief Justice is in a Constitution Bench, and matters are to be listed, requests for listing are made before the first puisne judge,” read the statement. “On 9 November 2017, when a writ petition was mentioned before Justice Chelameswar at 10.30 am since the Chief Justice was sitting in a Constitution Bench, the same was directed to be listed later the same day. When the matter was taken up, a note dated 6 November 2017 was placed before the judges hearing the matter by an official of the Registry. This is the basis of the third charge alleging that the note of 6 November brought to the attention of Justice Chelameswar on 9 November as the matter was taken up was antedated,” said the statement.

4. Charge No 4: The fourth charge, as per the opposition, relates to the CJI having acquired land when he was an advocate by giving an affidavit that was allegedly found to be false. The CJI surrendered the land in 2012 despite the orders of the ADM cancelling the allotment in 1985. “Despite the orders of the ADM cancelling the allotment in 1985, the Chief Justice surrendered the land only in 2012 after he was elevated to the Supreme Court,” said Kapil Sibal.

5. Charge No 5: The fifth charge relates to the alleged abuse of exercise of power by the Chief Justice in choosing to send sensitive matters to particular benches by misusing his authority as Master of the Roster with the likely intent to influence the outcome, the statement read.

At the press conference today, Congress said the matter was regarding the institution of Supreme Court and that no politics was involved in it. It also added that Judge Loya verdict has nothing to do with it as the application for an appointment with Venkaiah Naidu was moved a week ago.