Opposition moves to impeach CJI

​New Delhi: Accusing Chief Justice of India Dipak Misra of five counts of ‘misbehaviour’ and ‘misusing’ authority, the Congress-led seven Opposition parties on Friday moved a notice for the impeachment of the CJI. The opposition parties met Vice President and Rajya Sabha chairman M Venkaiah Naidu and handed over a notice for the impeachment of the CJI with signatures of 64 MPs of the Upper House.

Notably, the move came a day after the Supreme Court dismissed a clutch of petitions seeking an independent probe into the death of CBI Special Judge Brijmohan Harikishan Loya, who was hearing the Sohrabuddin Sheikh encounter case.

Pointing out five allegations of ‘misbehaviour’ against Misra, Congress leader Kapil Sibal said the notice for impeachment of the CJI has been moved with a heavy heart. “The Constitution allows only one recourse to remedy the situation. Since there is no other way to protect the institution except to move an impeachment motion, we, members of the Rajya Sabha, do so with a heavy heart,” Sibal said while addressing a press conference.

Stating that they are entitled to hold the Chief Justice accountable, the Opposition parties demanded a probe against the CJI. “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, and discharges its constitutional functions honestly, fearlessly and with an even hand,” Sibal stated.

Referring to the ‘revolt’ by four senior most judges of the apex court against CJI Misra, Sibal further posed the question: “When the judges of the Supreme Court themselves believe that the judiciary’s independence is under threat and democracy in peril, alluding to the functioning of the office of the Chief Justice of India, should the nation stand still and do nothing?”

Among the parties who signed the notice were the Congress, the NCP, the CPI-M and CPI, the SP, the BSP, and the Indian Union Muslim League. 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.

“We have moved a motion for removal of the Chief Justice of India under five grounds of misbehaviour,” he said. An impeachment motion in the Rajya Sabha requires signature of at least 50 MPs of the Upper House, while it needs the support of 100 MPs in the Lok Sabha. Once the notice for impeachment is submitted to the Rajya Sabha chairman, he will ascertain whether there is merit or ground for moving such a motion.

In case he finds merit, then he may form a committee to look into it, else he can reject it. If moved, this will be the first time ever in the country’s history that an impeachment would be moved against the Chief Justice of India.Hitting back at the Congress, Union Finance Minister Arun Jaitley accused the grand old party of using impeachment as a political tool and said its notice to remove CJI Misra was a “revenge petition” after the SC’s ruling in Judge Loya death case had “exposed” the conspiracy of falsehood. In a Facebook post titled ‘Judge Loya Death Case – The One That Almost Created a Judicial Mutiny’, Jaitley also said Amit Shah, now BJP President, had “no role” in the Sohrabuddin case which was an alleged encounter executed by some central agencies through the State Police.

He further said trivialising the use of impeachment power is a dangerous event and noted that it is not difficult to collect 50 signatures of the Rajya Sabha or hundred signatures of the Lok Sabha members even on frivolous issues. “To use the power as intimidatory tactics when neither you have a case of ‘proven misconduct’ or the numbers on your side, is a serious threat to judicial independence.

“My preliminary reaction to the impeachment motion filed today is clear. It is a revenge petition after the falsehood of the Congress Party has been established in the Justice Loya death case. It is an attempt to intimidate a Judge and send a message to other Judges, that if you don’t agree with us, fifty MP’s are enough for a revenge action,” he said.

Congress president Rahul Gandhi said India will not allow judge B H Loya to be forgotten and millions of Indians can see the truth. “There is no hope left, ‘everything is managed’ say Judge Loya’s family. I want to tell them, there is hope. There is hope because millions of Indians can see the truth. India will not allow Judge Loya to be forgotten,” he said on Twitter.

The Congress chief had been targeting BJP chief Amit Shah over the issue. Shah was among those discharged in the Sohrabuddin case.