CJ should consider recusal from work: Congress

NEW DELHI: The Congress on Sunday hit out at the Bharatiya Janata Party (BJP) for “defending” Chief Justice of India Dipak Misra and said the latter should consider recusing himself from judicial and administrative work till he was cleared of the charge of “misbehaviour.”

“If his (CJI) own conduct is under a cloud, should he not consider recusing himself from performing judicial and administrative duties and submit himself to an inquiry so that the high office and his individual integrity are cleared or the process of law is followed in an appropriate manner,” Congress Spokesperson Rajdeep Surjewala told a press conference here.

“... the highest (law) officer of the country, an officer who is head of India’s judiciary, an officer who heads the final temple of justice, an officer to whom people go to seek justice... Caesar’s wife must be above suspicion. And that’s why we have left it to his (CJI) conscience,” he added.

“qhis will ensure that the process of law is followed in an appropriate manner.” In an unprecedented move, 64 members of the Rajya Sabha belonging to seven parties led by the Congress on Friday submitted an impeachment motion for the removal of the Chief Justice on five grounds of “misbehaviour.”

Surjewala’s remarks came in the wake of media reports that the CJI had decided not to recuse himself from administrative and judicial work in the Supreme Court.

Hitting out at the Bharatiya Janata Party (BJP), Surjewala said the ruling party was compromising the position and office of the Chief Justice as a neutral arbitrator and head of the judiciary and the ruling party was doing a great disservice to the independence of the Indian judicial system.

“Does the CJI belong to a political party, ruling or otherwise? Does the CJI have to be defended by political parties or Ministers in the government? Is it not a disservice to the CJI office? qhey are compromising the position and office of the CJI,” Surjewala said.

He said that Chief Justice Misra must tell the BJP not to politicise his high office and not to politicise the impeachment motion. Vivek Tankha, Chairman of the Congress’ Legal Department, said: “He is the Chief Justice of India. He should voluntarily submit to any probe. He should regain public faith. qill then, he should think whether he should work as a Judge or not.”