Another Supreme attack rocks nation
Opposition gives notice to impeach CJI Dipak Misra
In an unprecedented step, Congress and six other Opposition parties moved a notice for the impeachment of Chief Justice of India Dipak Misra, accusing him of five counts of “misbehaviour” and “misusing” authority.
However, history shows that no motion has reached its logical conclusion till date. If the motion after the inquiry by a three-member panel headed by a sitting Apex Court judge reaches Parliament, it would be the first instance of any CJI facing his removal and fourth judge from the higher judiciary.
All the previous three impeachment motions were moved when Congress was in power at the Centre. Senior advocate and Congress Rajya Sabha lawmaker Kapil Sibal, who is at the forefront, in 1993 when for the first time impeachment proceedings were initiated against Supreme Court judge V. Ramaswami on charges of corruption, had put up a strong defence in favour of Justice Ramaswami in the Lok Sabha.
Dipak Misra appointment as CJI has not been without drama, there have been situations when questions have been raised about the manner in which he has dealt with certain cases and taken certain administrative decisions. There have been internal rumblings resulting in open discord amongst judges in the SC.
The news comes a day after the SC rejected petitions seeking an independent probe into the
death of Judge B.H. Loya, who was hearing the Sohrabuddin Sheikh encounter case. Finance minister Arun Jaitley accused the Congress of trivialising the power of impeachment. He said, “The Congress and its friends have started using impeachment as a political tool”.
Stressing that trivialising the use of power of impeachment is a “dangerous event”, he said that the move is an attempt to “intimidate” a judge and send a message to other judges, “that if you don’t agree with us, fifty MP’s are enough for a revenge action.”
I hope not and believe not… impeachment is too serious a matter to be played with on the grounds of disagreement with any judgment or with any point of view of the court. I am not a party to the discussions that have taken place between the parties therefore for me to say whether the grounds are justified or not would be unfair.
— SALMAN KHURSHID, senior Cong leader This is the worst that could happen to the independence of the judiciary and the move would shake the confidence and faith of the people in the judiciary. — SOLI SORABJEE, Attorney General Former