BJD not in favour of impeachment motion against CJI

Judicial disorder

But, he, along with the next three in order of seniority, had come out and held a press conference against the conduct of CJI Misra.

Further attacking the BJP over the issue, another Congress leader and Rajya Sabha member Vivek Tankha wondered how the BJP could relate the CJI to Odisha.

In such a situation it is important to know how a Supreme Court judge can be removed?

The procedure to remove a judge has to also take into account Article 14 of the Constitution which comes under the Fundamental Rights. This can be in either of the Houses of Parliament.

An impeachment motion in Rajya Sabha has to be supported by at least 50 MPs, while that in the Lok Sabha is to be supported by 100 MPs. "It will be defeated, and if that happens it will be a joke".

The Trinamool Congress and the DMK, besides the RJD and some other parties, have backed out from supporting the move. Immediately after the presser on January 12, CPI veteran D Raja had met Chelameswar at his official residence and soon started a political campaign for the CJI's removal. The charge of antedating is by all accounts a very serious charge.

Congress on Sunday urged CJI Dipak Misra to withdraw himself from judicial and administrative duties of the Supreme Court, and said he should wait for an inquiry to clear him of the allegations levelled in the removal motion filed against him.

It is most likely that after consideration by various law experts and their advice, the Vice President who has been submitted this motion and who has the power to deny the motion, will finally deny the movement of this motion.

"We hope that a thorough enquiry will be held so that truth alone triumphs".

"Democracy can thrive only when our judiciary stands firm, independent of the executive", he added.

Congress leader and former Union Minister Ashwani Kumar opposed his party's decision of moving an impeachment motion against the Chief Justice of India (CJI) Dipak Misra and said that the move could have been avoided.

Worse, for the Congress, the motion might not even reach the stage of voting - since the Rajya Sabha Chairman, who has the discretion to accept or reject the motion for impeachment, may decide not to admit it. In particular, they do not want a decision on the Ram Mandir case as a decision in favor of the Ram temple could well spell a Congress route as their carefully cultivated Muslim vote bank would just fritter away. "And I hope this convention will not be violated", Sibal was quoted as saying by the Indian publication.

Vivek Tankha, Chairman of the Congress' Legal Department, said: "He is the Chief Justice of India". But, trivialising the use of that power is a risky event.

On Thursday, Misra headed a three-judge bench of the Supreme Court that dismissed petitions calling for an investigation into the death of a lower court judge in 2014 when he was presiding over a case against a top political aide to Modi. "We expect positive action from the chairman". "Some issues are stale, trivial and have nothing to do with judicial functions". Meanwhile, amid reports that there was division within the Congress over the move to impeach the CJI, senior Congress leader Salman Khurshid said impeachment is too serious a matter to be discussed publicly.

"We are all very disturbed about it", a bench comprising justice AK Sikri and justice Ashok Bhushan said.

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