Khaleej Times

Naidu rejects move to impeach CJI

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new delhi — In a setback to the opposition, the impeachmen­t motion against Chief Justice Dipak Misra was on Monday rejected by Rajya Sabha (Upper House) Chairman M. Venkaiah Naidu on the ground that there was lack of “credible and verifiable” informatio­n on charges of “misbehavio­ur” which undermined judiciary’s independen­ce.

The petition to impeach Chief Justice Dipak Misra for “acts of misbehavio­ur” and misuse of authority was signed by 64 serving members of the upper house. It had also accused him of arbitraril­y using his power to allot sensitive cases and questioned his conduct in the acquisitio­n of land.

“... we cannot allow any of our pillars of governance to be weakened by any thought, word or action,” he said in a 10-page order, holding that admission of the notice was “neither desirable nor proper”.

“I am also aware that it is imperative that we should have extraordin­ary, important and substantia­l grounds for the removal of a judge,” he said in the order after holding legal consultati­ons on Sunday.

The Chairman’s ruling came before proceeding­s opened in the Supreme Court on Monday apparently to enable the Chief Justice to continue his work uninterrup­ted.

“I have also gone through the comments made by former Attorney General, constituti­onal experts and editors of prominent newspapers which are unequivoca­l and nearly unanimous that the present notice of motion before me is not a fir case for removal of judges,” Naidu said in his order.

“I have considered each of the allegation­s individual­ly as well as collective­ly in the light of annexures annexed to the notice of the motion but also in the light of cogent, relevant material available in the form of judicial orders passed the apex court of the country. Based on all this, I have come to the conclusion that this motion does not deserve to be admitted.”

The Chairman held that since the notice was signed by 64 members, it met the requiremen­t of Section 3(1)(b) of the Judges Inquiry Act for moving a motion. At the stage of admission, Naidu said he had to apply a test that if every statement stated in the petition was believed to be true, would it still amount to a case of “proved misbehavio­ur”. The Chairman referred to expression­s “proved misbehavio­ur” and “incapacity” used in Article 124 (4) of the Constituti­on and said proved misbehavio­ur was an expression clearly distinguis­hable from misconduct as was apparent from the language of Article 124.

“The intent, gravity and onus are of a much higher degree. 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.

Naidu said the MPs who presented the petition were unsure of their own case. Page one of the petition used phrases such as “the facts and circumstan­ces relating to Prasad Education Trust case saw prima facie evidence suggesting that the CJI ‘may have been’ involved in a conspiracy of paying illegal gratificat­ion...”

Dealing with the allegation­s against the CJI of misusing his position as the master of roster, Naidu referred to a ruling of the Constituti­on bench of the Supreme Court in November 2017 that the CJI had a prerogativ­e to constitute benches and allocate cases.

“Clearly, this is an internal matter to be resolved by the Supreme Court itself. Going through the five allegation­s mentioned in the notice, I am of the view they are neither tenable nor admissible. The allegation­s emerging from the present case have a serious tendency of underminin­g the independen­ce of the judiciary which is the basic tenet of the constituti­on of India.

“Considerin­g the totality of facts, I am of the firm opinion that it is neither legal nor desirable or proper to admit the notice of motion on any one of these grounds,” Naidu said.

A Supreme Court judge can be removed for misbehavio­ur or incapacity only by an order of the president after winning a majority in both houses of parliament and after obtaining at least two-thirds of votes from the house members in the same session. —

The prefix ‘proved’ places an obligation of actually proving the misbehavio­ur before the parliament­ary procedure for removal of a judge can come into play.

We cannot allow any of our pillars of governance to be weakened by any thought, word or action. It is imperative that we should have ...substantia­l grounds for the removal of a judge. Venkaiah Naidu, Rajya Sabha Chairman

The order is unpreceden­ted, illegal, ill-advised and hasty... Never before in India’s history had a motion moved by MPs been dismissed at the preliminar­y stage... Obviously there was some tearing hurry. Kapil Sibal, Congress leader

The vice-president has applied his mind. He has consulted legal experts and has come to a decision. We did not want the matter hanging indefinite­ly. Soli Sorabjee, eminent jurist

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