New Delhi, April 24: The Bharatiya Janata Party (BJP) and Congress indulged in a war of words as Rajya Sabha chairman Venkaiah Naidu on Monday rejected opposition parties’ notice for the impeachment of Chief Justice of India Dipak Misra. While on one hand, the grand old party said that it will go to the Supreme Court against the order of Vice President, the ruling BJP charged the Opposition with disrupting democratic institutions.
“We’ll certainly file a petition (in Supreme Court) against this,” senior Congress leader and lawyer Kapil Sibal said. “We would want the CJI to not take any decision with respect to it, be it the listing or anything else. We’ll accept whatever the Supreme Court decides,” senior Congress leader and lawyer Kapil Sibal said today, adding,”We would want the CJI to not take any decision with respect to it, be it the listing or anything else. We’ll accept whatever the Supreme Court decides.”
Congress VS BJP
Following Sibal’s remark, Senior BJP leader Meenakshi Lekhi addressed reporters and said,”Congress party has a long history of disrupting institutions of democracy. The rule of law cannot be confused with the rule of dynasty.”
On the other hand, Congress spokesperson, Randeep Singh Surjewala took to Twitter and said,”Constitutional process of impeachment is set in motion with 50 MP’s giving the motion. RS chairman can’t adjudicate the motion, for he has no mandate to decide the merits of the motion. This is truly a fight between forces ‘Rejecting Democracy’ & voices ‘Rescuing Democracy’.
Swamy Backs Naidu
Meanwhile, backing Naidu, BJP MP Subramanian Swamy said,”He has decided correctly. He need not have taken two days to make the decision. It should’ve been considered null and void and thrown out from the beginning. Congress committed suicide by doing this.”
Poonawalla’s dig at V-P
Taking to twitter, Congress leader Tehseen Poonawalla posted that everybody knew the notice would be rejected by Naidu. “Surprise surprise !! Everybody knew the Impeachment Motion would be rejected by Venkaiah Naidu ji . More constitutional remedies are available including challenging this rejection in the SC. The Impeachment grounds are not for the Vice President to decide upon”, tweeted Poonawalla.
“If the MPs move the honourable SC against this rejection of the impeachment motion by the vice president Venkaiah Naidu ji, the honourable Chief Justice Dipak Misra will not be able to hear the plea or forward it to another bench. This will be decided by the next senior-most judge,” the Congress leader added.
What Naidu had said?
Earlier today, Rajya Sabha Chairman M Venkaiah Naidu today rejected the notice given by opposition parties led by the Congress for impeachment of CJI Dipak Misra citing lack of substantial merit in it. “Having considered the material contained in the notice of motion and reflected upon the inputs received in my interaction with legal luminaries and constitutional experts, I am of the firm opinion that the notice of the motion does not deserve to be admitted. Accordingly, I refuse to admit notice of motion,” Naidu said.
“I have also gone through the comments made by former Attorney General, constitutional experts and editors of prominent newspapers which are unequivocal and nearly unanimous that the present notice of motion before me is not a fir case for removal of judges,” Naidu said in his order.
The Chairman held that since the notice was signed by 64 members, it met the requirement of Section 3(1)(b) of the Judges Inquiry Act for moving a motion.
On April 20, 64 members of the Rajya Sabha submitted a motion to Naidu alleging 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.