Rajya Sabha head Venkaiah Naidu took decision without consulting three-member panel

Chief Justice of India Dipak Misra

The Rajya Sabha Chairman refused to admit the impeachment motion saying this was to prevent the confidence of the common man in the institution of judiciary and the democratic set up of this nation from being shaken.

Justice (Retd) R S Sodhi on Monday welcomed Rajya Sabha Chairman and Vice President M Venkaiah Naidu's rejection of an opposition-introduced impeachment motion against Supreme Court Chief Justice Dipak Misra, saying that the move "can't be considered as a wise act".

K.T.S. Tulsi, a renowned senior lawyer and one of the signatories of the impeachment motion, disagreed with the order of the Rajya Sabha Chairman, who on Monday rejected the motion.

The Congress's legal experts also said the Chairman had limited powers in dealing with such a petition and hinted that Mr. Naidu may have exceeded his brief.

"We will go to Supreme Court against the order. Conversations between third parties with dubious credentials, which have been extensively relied upon, can not themselves constitute any material evidence against the holder of the office of the Chief Justice of India", Naidu ruled.

Before claiming that the Chairman's order was "ill-advised and illegal", Sibal said, "He (Naidu) shouldn't have disposed of without constituting an inquiry Committee". The Rajya Sabha Chairman can not adjudge the motion, for he has no mandate to decide the merits of the motion. "It puts the judicial system into jeopardy", he said.




Mr Sorabjee said that Mr Naidu had gone into the depths of the matter and found no merit in it and no ground for impeachment and has thus taken the decision without any delay. Parasaran discussed the cumbersome procedure provided in the Constitution for removal of a judge and said, "Checks and safeguards provided in the matter are steps in aid of the SC, which itself is the highest institutional protection for citizens".

Justice Chelameswar is one of the four judges, who had held a press conference in January on the problems facing the Supreme Court, chief among which was the CJI's functioning as master of the roster.

Making a serious charge without directly blaming anyone in particular, Sibal said: "It seems the government is very keen that this must not be allowed to be inquired into".

"The only thing the V-P can look into at the admission stage is whether those signed are MPs and that there are adequate numbers for the motion and process it".

The impeachment motion against Justice Misra was moved by 71 MPs from the Opposition camp on Friday.

The motion alleged five charges of "misbehaviour" against the CJI including conspiracy to pay illegal gratification in a case relating to an educational trust and the alleged violation of code of conduct for judges by presiding over every bench that heard the case and passed orders.

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