Sunday, 22 September, 2019


Opposition submits impeachment notice against CJI Misra with signs of 64 MPs

Notice for Impeachment motion against CJI Dipak Misra Opposition submits impeachment notice against CJI Misra with signs of 64 MPs
Bennie Garza | 20 April, 2018, 13:28

The move comes a day after the Supreme Court dismissed series of petitions seeking a fair probe into the death of Judge Loya.

The opposition parties expected to attend the meeting include the Samajwadi Party, the Bahujan Samaj Party, the Rashtriya Janta Dal, the Communist Party of India and the Nationalist Congress Party.

Congress, NCP, CPM, CPI, SP, BSP and Muslim League are among parties that signed the notice. Raising questions on the manner CJI Dipak Misra had executed his duties, senior Congress leader Kapil Misra said, "Since the day he (Dipak Misra) was appointed as CJI there have been questions raised in the manner in which he has dealt with certain cases".

About 71 MPs of the Rajya Sabha belonging to seven political parties gave the notice for the impeachment against the Chief Justice of India Dipak Misra on Friday. On November 9, 2017, when a writ petition was mentioned before Justice Chelameswar at 10:30 AM since the Chief Justice was sitting in a Constitution Bench, the same was directed to be listed later the same day. The Judge Loya case was then reassigned. Shah was discharged from the case soon after.

The opposition parties also raked up an old allegation against the CJI that he acquired public land through forgery of documents, "The fourth charge relates the Chief Justice having acquired land when he was an Advocate by giving an affidavit which was found to be false".

It is up to the Speaker/Chairman to admit to rejecting the motion. If it concludes that there is enough reason to remove the CJI, the House in which the motion was first moved takes it up for discussion and a vote. The same is to be given to the Speaker of the House and it can be introduced in any of the two Houses. Also, an appointment with the Vice President was sought a week ago in this regard.

There has been a clear division within the Congress on the issue.

Sibal further said that the judiciary's independence is at threat, alluding to the functioning of the office of the CJI. Another section argued that moving such a motion may portray the Congress as "anti-judiciary" and would yield little since they did not have the numbers to see it through in any case.

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