Indian opposition parties submit motion to impeach chief justice of India
Seven parties seek removal of top judge for alleged corruption and misuse of authority
Chief Justice of India Justice Dipak Misra. PHOTO COURTESY: THE ECONOMIC TIMES
Opposition parties in India on Friday initiated an impeachment motion against Chief Justice of India Dipak Misra for alleged corruption, misuse of authority and failure to safeguard the independence of the judicial system, The Indian Express reported.
Seven parties from the opposition, led by the Indian National Congress, handed over the notice of impeachment to Rajya Sabha Chairperson Venkaiah Naidu. According to reports, the notice bears the signatures of 64 members of parliament, as well as former leaders and politicians.
The move by the opposition is seen as a reaction to a recent verdict by the Indian top court, in which a bench headed by Misra had rejected a petition seeking an independent inquiry into the death of slain Indian judge BH Loya. Loya was hearing the encounter case of Sohraduddin Sheikh.
“We wish this day had never come,” Congress leader Kapil Sibal told The Indian Express, adding that the step has been taken “with a heavy heart” to protect the independence of the judiciary.
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The notice submitted to Naidu argues that lawmakers are entitled to hold the Chief Justice accountable for his actions and that the majesty of the law is more important than the majesty of any office.
The five acts of alleged misbehaviour against the top Indian judge include charges related to “abuse of exercise of power” in choosing to send “sensitive matters to particular benches by misusing his authority as Master of the Roster with the likely intent to influence the outcome.”
“The convention has been that whenever such charges are levelled against the Chief Justice of a High Court or the Supreme Court, he has to refrain from discharging his judicial functions. That is the convention. And I hope this convention will not be violated," Sibal was quoted as saying by the Indian publication.
While the notice for impeachment bears 71 signatures, Leader of Opposition in the Rajya Sabha Ghulam Nabi Azad said they have requested the chairman to exclude the names of seven of them as they have retired from the Upper House.
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In a press statement issued after submitting the motion, the parties told reporters that “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. “
Referring to a recent press conference by the four judges, Sibal told The Indian Express, “We were hoping that the anguish of the judges as reflected in their statements to the press would be addressed by the Chief Justice and the top judge would set his house in order. More than three months have passed, nothing has changed.”
“When the judges of the Supreme Court themselves believe that the judiciary’s independence is under threat and democracy is in peril, alluding to the functioning of the office of the Chief Justice of India, should the nation stand still and do nothing?” he questioned.
After the submission of the motion, standard procedure mandates that the chairperson of the Rajya Sabha ascertain the grounds for the impeachment notice and constitute a committee to look into it. The Indian publication also quoted sources as saying that INC might also move the top court in India if the impeachment motion is rejected.
This article originally appeared in The Indian Express
Seven parties from the opposition, led by the Indian National Congress, handed over the notice of impeachment to Rajya Sabha Chairperson Venkaiah Naidu. According to reports, the notice bears the signatures of 64 members of parliament, as well as former leaders and politicians.
The move by the opposition is seen as a reaction to a recent verdict by the Indian top court, in which a bench headed by Misra had rejected a petition seeking an independent inquiry into the death of slain Indian judge BH Loya. Loya was hearing the encounter case of Sohraduddin Sheikh.
“We wish this day had never come,” Congress leader Kapil Sibal told The Indian Express, adding that the step has been taken “with a heavy heart” to protect the independence of the judiciary.
Sessions judge refers CJP Nisar to Supreme Judicial Council
The notice submitted to Naidu argues that lawmakers are entitled to hold the Chief Justice accountable for his actions and that the majesty of the law is more important than the majesty of any office.
The five acts of alleged misbehaviour against the top Indian judge include charges related to “abuse of exercise of power” in choosing to send “sensitive matters to particular benches by misusing his authority as Master of the Roster with the likely intent to influence the outcome.”
“The convention has been that whenever such charges are levelled against the Chief Justice of a High Court or the Supreme Court, he has to refrain from discharging his judicial functions. That is the convention. And I hope this convention will not be violated," Sibal was quoted as saying by the Indian publication.
While the notice for impeachment bears 71 signatures, Leader of Opposition in the Rajya Sabha Ghulam Nabi Azad said they have requested the chairman to exclude the names of seven of them as they have retired from the Upper House.
How can a convicted person head a political party, asks India's top judge
In a press statement issued after submitting the motion, the parties told reporters that “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. “
Referring to a recent press conference by the four judges, Sibal told The Indian Express, “We were hoping that the anguish of the judges as reflected in their statements to the press would be addressed by the Chief Justice and the top judge would set his house in order. More than three months have passed, nothing has changed.”
“When the judges of the Supreme Court themselves believe that the judiciary’s independence is under threat and democracy is in peril, alluding to the functioning of the office of the Chief Justice of India, should the nation stand still and do nothing?” he questioned.
After the submission of the motion, standard procedure mandates that the chairperson of the Rajya Sabha ascertain the grounds for the impeachment notice and constitute a committee to look into it. The Indian publication also quoted sources as saying that INC might also move the top court in India if the impeachment motion is rejected.
This article originally appeared in The Indian Express