Rajya Sabha Chairman Venkaiah Naidu rejected the Congress-led opposition parties' notice today to remove the Chief Justice of India (CJI) Dipak Misra stating that it lacked substantial merit.
Naidu said, “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”.
He further stated, “I have applied my mind to all five charges made out in impeachment motion and examined all annexed documents. All facts as stated in motion don't make out a case which can lead any reasonable mind to conclude that CJI on these facts can be ever held guilty of misbehaviour.”
Naidu, while rejecting the notice, cited a press conference the Congress held on the issue as being in breach of parliamentary customs and conventions and also in violation of Rajya Sabha norms.
He asserted, “I am constrained to observe that in the matter, the well established parliamentary customs and conventions have been delineated and the paragraph 2.2 of the handbook of the Rajya Sabha members have been disregarded. This provision prohibits publicity of any notice submitted by a member till it is been admitted by the chairman and circulated to the members. In the instant case immediately after submitting the notice to me on 20th April, 2018, members addressed a press conference and shared the statements contained in the notice which included some still unsubstantiated charges against the CJI. This act of members discussing the act of the CJI in the press is against propriety and parliamentary decorum as it denigrates the institution of the CJI. I am also aware that there has been a spate of statements in the press that seem to vitiate the atmosphere. I thought, I should, therefore, expedite my decision and end needless speculation”.
Congress leader PL Punia said that Congress and other opposition parties will talk to some legal experts and then take the next step. Congress leaders stated that the party is considering moving the Supreme Court if the notice to remove is rejected.
