MOVE HAS NO VALID REASON, SAY TOP JURISTS

‘Opposition cited no ‘misbehaviour’ or ‘misuse of authority’ by CJI’

New Delhi, April 20: The unprecedented move by the Congress-led opposition to impeach Chief Justice of India Dipak Misra “smacked of political overtones” rather than any “misbehavior” and “misuse” of authority and might not succeed in Parliament, constitutional experts felt.

Levelling allegations, leaders of the seven opposition parties met VicePresident M. Venkaiah Naidu, who is also the Chairman of the Rajya Sabha, and handed over the notice of impeachment bearing signatures of 64 MPs and seven former MPs, who recently retired.

The move that came a day after an apex court bench headed by the CJI rejected the pleas for a probe into special CBI judge B.H. Loya’s death, was termed as “motivated” and “political” by eminent jurists such as Soli Sorabjee, former high court judges S.N. Dhingra and Ajit Kumar Sinha and senior advocate Vikas Singh.

Mr Sorabjee, who was attorney-general during the NDA government led by Atal Bihari Vajpayee, made a scathing attack on the opposition’s decision to go for impeachment of the CJI, saying, “This is the worst that could happen to the independence of the judiciary.” He said the event would shake the confidence and faith of the people in the judiciary.

“The chief justice is not above the law,” Mr Sorabjee said. “He can be impeached but on what ground? If you start an impeachment motion against the CJI on the ground that a certain order of his is wrong, then the very independence of judiciary will be at stake.”

Mr Sorabjee’s view was shared by Justice Dhingra, who said it is an attempt to gain political mileage. Apparently referring to the controversial January 12 press meet by four senior-most apex court judges -- J. Chelameswar, Ranjan Gogoi, M.B. Lokur and Kurian Joseph -- who raised issues that were reflected in the impeachment notice, he said discontent among the judges of the top court did not justify the move.

“The impeachment notice is motivated and the MPs want political mileage knowing that they do not have the numbers to impeach the chief justice. Discontentment among judges does not mean you initiate the process of impeachment. Discontentment is a part of life,” he said.

Justice Sinha and senior lawyer Vikas Singh termed it as a “sad day” for the judiciary and “just a reaction” to Thursday’s verdict dismissing the petitions for a probe into alleged mysterious death of judge Loya, who was hearing Sohrabuddin Sheikh fake encounter case. — PTI