Congress to move SC against “illegal” rejection of CJI impeachment motion

Terming it a battle being fought for the truth, for the rule of law and the freedom of the judiciary, Congress leader and Rajya Sabha member, Kapil Sibal said that the opposition parties led by the Congress will file a petition in the Supreme Court against the decision to reject the impeachment motion filed against the Chief Justice of India.

Sibal said that Vice President and Rajya Sabha Chairman M Venkaiah Naidu had shown tearing hurry while deciding the fate of the motion and termed the decision ‘illegal and unconstitutional”. “The power of rejection does not come under his capacity. He can only see whether the motion is in order or not, whether the documents are submitted or not” but the chairman in an “unprecedented” manner rejected the motion, even without sending it to a panel for investigation, blamed Sibal.

“We will certainly file a petition (in Supreme Court) against this [Naidu's decision] and would hope the CJI would not take any decision with respect to it, be it with the listing or anything else. We will accept whatever SC decides,” said Sibal, addressing a press conference at Congress headquarters in Delhi on Monday.

When asked what if CJI Dipak Mishra, being ‘master of the roster’ decides to hear the petition himself, he said, “Anyone against whom allegations are levelled cannot be the judge. It is against the common practice.”

Sibal linked the decision of the vice president with the government and said, “This shows that the government is fearing the truth. It knows that the CBI may have some documents,” he alleged.

Sibal also said that the decision to reject the impeachment motion was ill-advised. MPs from seven opposition parties led by the Congress, had moved an impeachment motion against the Chief Justice of India on Friday. Article 124(4) and Article 217 of the Constitution allows MPs to initiate the process of the impeachment against any sitting Judge of the Supreme Court under “proved misbehaviour” and “incapacity.” While support of at least 50 MPs is required to move the motion in Rajya Sabha, for Lok Sabha, it requires signatures of at least 100 MPs. Congress had claimed that 64 present members of the upper house had supported the motion which is more than the 50 MPs needed to move the impeachment motion.