FirstCut by Manjul
FirstCut by Manjul
Unruffled by impeachment politics, Chief Justice Dipak Misra presides over Court no 1
Unruffled by the move seeking his removal by 64 MPs, Chief Justice Dipak Misra on Monday presided over Supreme Court number 1 - although there were some anxious moments initially. Chief Justice Misra dealt with the cases in his usual ease.
Well before Monday's proceedings commenced, news had already reached the Supreme Court that Rajya Sabha Chairman M Venkaiah Naidu had rejected the move by 64 Rajya Sabha members seeking the impeachment of the Chief Justice.
Monday's proceedings started 13 to 14 minutes late instead of the normal 10.30 a.m. The electronic display board showed that none of the court had assembled, giving rise to speculation in the Chief Justice's court which was packed to capacity.
Didn't expect better from BJP government: Kanimozhi on Venkaiah Naidu's decision
DMK MP Kanimozhi has said that the government rejecting the impeachment notice was expected. “What do you expect the government to do? They do not encourage anybody who tries to question them,” she said.
On why DMK MPs did not sign the notice, she said that her party does not believe in bringing the judiciary under question. “We hope that there will be discussion and further dialogues between the judges so that they can come to a compromise. This is the last resort for every citizen. That's why party decided not to sign it,” she added.
Will examine grounds of rejection: CPM's D Raja
Venkaiah Naidu's decision on impeachment should be challanged, says Salman Khurshid
Senior Congress leader and former law minister Salman Khurshid said today he was not kept in the loop on the impeachment notice against CJI Dipak Misra, and refrained from commenting on Rajya Sabha Chairman M Venkaiah Naidu's decision to reject it.
When in power, Congress had thrice opposed impeachment of judges
The Congress, which spearheaded an unprecedented move to impeach the Chief Justice of India on Friday, had in fact opposed such proceedings initiated 25 years ago when it was in power.
It is interesting to note that all the previous three impeachment motions have been moved when Congress was in power at the Centre. The higher judiciary was in for the shock in 1993 for the first time in independent India when impeachment proceedings were initiated in Parliament against Supreme Court judge V Ramaswami on charges of corruption following the report of the inquiry commission.
Senior advocate and Congress Rajya Sabha lawmaker Kapil Sibal, who is at the forefront and spearheading the campaign to impeach the present CJI, however, had put up a spirited defence in favour of Justice Ramaswami in Lok Sabha.
Shehzad Poonawalla tweets old video of Kapil Sibal, arguing against impeaching sitting SC judge
So in the clip you saw Kapil Sibal says no judge can be guilty merely because 50 MPs sign a motion! How does that standard change today I beg to ask?? The charges against CJI Misra date back to days before he was a SC judge! Did UPA make him a judge despite those?? JaiHind 6/6 pic.twitter.com/zXtaTFETFc— Shehzad Jai Hind (@Shehzad_Ind) April 23, 2018
Rebel Congress leader Shehzad Poonawalla responds to Kapil Sinal's press conference
Mr Kapil Sibal would like us to believe that Venkaiah Naidu is obligated by law to admit the motion & necessarily constitute an inquiry committee of 3 members- This stage is not direct- It is subject to Chairman RS admitting the motion after due consultation 3/n pic.twitter.com/56J5cz3chL— Shehzad Jai Hind (@Shehzad_Ind) April 23, 2018
Venkaiah Naidu acted in a hurried manner: Former LS Speaker Somnath Chatterjee
Former Lok Sabha Speaker Somnath Chatterjee said today Rajya Sabha Chairman M Venkaiah Naidu acted in a "hurried manner" while rejecting the impeachment notice against Chief Justice of India Dipak Misra.
Kapil Sibal not to attend CJI Dipak Misra's court until he retires, leaves office
Congress leader, senior advocate Kapil Sibal has said that he will not appear in the court of Chief Justice of India (CJI) Dipak Misra till the latter retires. “I will not appear in the Chief Justice's court from tomorrow onwards... till he retires, because that is consistent with the highest standards of my profession,” said Sibal.
Case does not stand the scrutiny of law: Meenakshi Lekhi
Lekhi said that in Hindi the impeachment is called Mahabhiyog prastav, which literally means that the abhiyog (charges or allegations) in this case must have a much more stronger grounding than in other cases.
However, the Opposition seems to be relying on words like prima facie, apparently etc. There are not enough documentary or even circumstantial evidence to support their claims.
Opposition MPs unsure of their own allegation: Meenakshi Lekhi
BJP spokesperson Meenakshi Lekhi held a counter press conference to rebut Kapil Sibal's charges. She said that the language of the notice signed by Opposition MPs in itself suggests that the MPs were themselves not sure of their charges.
Will ensure CJI Dipak Misra has nothing to do with review petition against Venkaiah Naidu's order
Congress leader Kapil Sibal said that the Congress party will ensure that there is no involvement of Chief Justice of India in the hearing, or listing, of their review petition.
Venkaiah Naidu's decision unprecedented as no Speaker has rejected such momentous motion at preliminary stage
Congress further argued that the Rajya Sabha Chairman's order rejecting the motion of impeachment was unprecedented. He said that presenting a motion was the MP's privilege. He said that Naidu wrote in his order that the Opposition's charges are not proven, however, by rejecting the notice they ensured that an enquiry does not happen.
Sibal said that the onus of proving the charges was not on the MPs, it was on the judicial committee formed after the motion was admitted.
What was the tearing hurry, Congress asks Venkaiah Naidu
Kapil Sibal said that Venkaiah Naidu decided the matter within hours of returning to India after a foreign visit. He said that such momentous issues must be given their due diligence and attention. It is a hasty decision as by this, the government appears to be in a tearing hurry to block the attempts at an enquiry.
Decision to reject impeachment motion illegal: Sibal
Kapil Sibal, in his press conference, said that the law lays down the procedure in case the motion to impeach a Supreme Court judge. The Chairman of the Rajya Sabha must consult an emminent jurist, a judge of the high court and the Chief Justice of India. In this case, the judges of the collegium must have been consulted as the CJI himslef was under scrutiny. Hence, the decision to rehect the motion is illegal, Sibal said.
Venkaiah Naidu's decision to reject impeachment motion illegal, unprecedented, ill-advised, and hasty: Kapil Sibal
Sibal, in a press conference, said that it is their "privilege to move the motion" and the vice president in his capacity as chairman of Rajya Sabha cannot boot this privilege.
Congress responds to Venkaiah Naidu's rejection of impeachment motion
Congress leader and eminent lawyer Kapil Sibal addressed a press conference to respond to theobjections raised by Venkaiah Naidu in his order rejecting the impeachment motion against the Chief Justice of India.
Opposition can't succeed in SC against VP's decision on impeachment: Soli Sorabjee
Eminent jurist Soli Sorabjee today said the Congress-led opposition had no chance to succeed in the Supreme Court against Vice President M Venkaiah Naidu's decision rejecting impeachment notice against Chief Justice of India Dipak Misra.
Congress wouldn't spare any constitutional institution: BJP
Lashing out at Congress president Rahul Gandhi after his 'save Constitution protests', BJP's Sambit Patra said that the Congress party does not trust army, Supreme Court, Election Committee, EVMs, or even RBI.
Congress to move Supreme Court after Naidu rejects impeachment motion
The Congress party will move Supreme Court for a judicial review of the Rajya Sabha Chairman’s order rejecting the impeachment motion against CJI Dipak Misra. Meanwhile, the party questioned how could the vice president decide such a matter within hours.
"Within hours of 64 MP’s submitting the impeachment motion, Leader of Rajya Sabha (FM) had expressed naked prejudice by calling it a ‘revenge petition’ virtually dictating the verdict to Rajya Sabha Chairman on that day. Has ‘Revenge Petition’ now become ‘Rescue Order’?,” Randeep Surjewala said.
Sitaram Yechury dubs Naidu's decision as 'wrong move', says independence of judiciary in danger
CPM general secretary Sitaram Yechury expressed his disappointment and said Venkaiah Naidu's move to reject the CJI impeachment notice was a wrong one. "This was a wrong move by chairman of Rajya Sabha. This motion was not given proper attention. Something else is behind this. Independence of judiciary is in danger," he said.
Congress attacking Supreme Court for political gains: Amit Shah
Shortly after Congress president attacked the Narendra Modi and the Bharatiya Janata Party at a rally in Delhi, BJP chief Amit Shah hit back. "Our institutions which are an outcome of our Constitution today need to be saved from the onslaught of the Congress Party. The Congress Party has spared no institution and is attacking the EC, Supreme Court, Army for petty political gains," he said.
Our institutions which are an outcome of our Constitution today need to be saved from the onslaught of the Congress Party. The Congress Party has spared no institution and is attacking the EC, Supreme Court, Army for petty political gains.— Amit Shah (@AmitShah) April 23, 2018
Opposition can't succeed in Supreme Court against Naidu's decision on impeachment: Soli Sorabjee
Vice-president only statutory authority to reject impeachment notice: Fali S Nariman
CJI, other judges sat at 10.45 am, instead of usual 10.30 am, to undertake court proceedings
'Supreme Court is being muzzled, and crushed': Rahul Gandhi at 'Save The Constitution' rally
Speaking at the 'Save the Constituition' campaign in Delhi, Congress chief Rahul Gandhi said: "The Supreme Court is being muzzled and crushed. People have lost faith in the judiciary." Follow the LIVE updates on Rahul Gandhi's speech here.
Full text: Venkaiah Naidu rejects impeachment motion, says 'Parliamentary rules have been disregarded'
Rajya Sabha Chairman M Venkaiah Naidu rejected the notice given by opposition parties led by the Congress for impeachment of Chief Justice of India Dipak Misra citing lack of substantial merit in it. Naidu held extensive consultations with top legal and constitutional experts, including former chief justices and judges, before taking the decision, sources said.
Naidu said in an order on Monday said, "We cannot allow any of our pillars of governance to be weakened by any thought, word or action," he said. The Rajya Sabha chairman said that after having perused annexures to the motion, detailed consultations and studied opinions of constitutional experts, he was "satisfied that admission of this Notice of Motion is neither desirable nor proper."
You can read the full text of the order here.
Five reasons why Venkaiah Naidu rejected CJI impeachment notice
Some of the reasons why Rajya Sabha chairman rejected the impeachment notice against CJI Dipak Misra are as follows:
Motion undermines independence of judiciary
No credible/verifiable facts.
Going to press by MPs denigrated institution of CJI
MPs are unsure of their own charges
Some charges are internal matters to be resolved by Supreme Court itself
BJP celebrates move as Congress mulls next legal step
"As far as the Congress is concerned, the party knew all along that this is going to happen eventually. The politics is that under no circumstances, Rahul Gandhi's political career is being furthered. So after the BS Loya case, the frontal attack of the Congress party against the judiciary was evident. They knew they never had the numbers and that this (impeachment motion) would fall, but they wanted to give a veiled threat. It was a threat to the judiciary as Arun Jaitley had said in his blog," said BJP leader Sambit Patra.
Both parties are playing dirty politics: Shiva Sena leader, Arvind Sawant
Both the parties are playing dirty politics & the way the impeachment notice was rejected is also political. He could have waited, such hurry in rejection was not needed: Arvind Sawant, Shiv Sena on Venkaiah Naidu's rejection of Impeachment Notice against CJI Dipak Misra. pic.twitter.com/1oCL65DqkL— ANI (@ANI) April 23, 2018
Congress wanted to politicise the issue, says BJP MP Meenakshi Lekhi
BJP MP Meenakshi Lekhi told reporters that the Congress wanted to politicise the issue after Rajya Sabha chairman M Venkaiah Naidu rejected the Opposition's motion to impeach the CJI.
RECAP: Venkaiah Naidu consults legal experts including Attorney General KK Venugopal
On Sunday, Rajya Sabha Chairman M Venkaiah Naidu set in motion the process of consultation on the impeachment notice against the CJI and held discussions with a number of constitutional and legal experts, including Attorney General KK Venugopal, and former top law officer K Parasaran.
According to officials, Naidu spoke to former Lok Sabha secretary general Subhash Kashyap, ex-law secretary PK Malhotra and former legislative secretary Sanjay Singh on the issue.
He also held deliberations with senior officials of the Rajya Sabha Secretariat, they said, adding that Naidu also spoke to former Supreme Court judge B Sudarshan Reddy. The officials said the vice-president also spoke to the attorney general on the issue. - IANS
Impeachment motion was politically motivated, says ASG Satya Pal Singh
"It is within the powers of Rajya Sabha chairman Venkaiah Naidu to reject the order. This was politically motivated and they (Congress) wanted to malign the judiciary," Additional Solicitor General of India Satya Pal Singh told CNN-News18.
Congress doesn't have any grounds to impeach CJI, says retired Justice RS Sodhi
You know you don't have any ground, you know you can't impeach him. In spite of knowing all that still you go on & plunge in this ill-advised move. This can't be considered as a wise act: Justice (Retd) RS Sodhi on rejection of Impeachment Notice against CJI by VP Venkaiah Naidu. pic.twitter.com/WSoClgg65K— ANI (@ANI) April 23, 2018
Venkaiah Naidu mentions press conference after motion is 'against propriety'
In the 10-page order, Rajya Sabha chairman refers to para 2.2 of the Handbook for Members of Rajya Sabha and mentions that the press conference after the impeachment motion is "against propriety and parliamentary decorum as it denigrates the institution of CJI", reported Bar and Bench.
Don't muzzle Constitution: Randeep Singh Surjewala
Congress spokesperson Randeep Singh Surjewala said Venkaiah Naidu can't adjudge the motion as he as no merits to decide on the merits of the motion. "RS Chairman can’t adjudge the motion, for he has no mandate to decide the merits of the motion," he tweeted, adding, "This is truly a fight between forces ‘Rejecting Democracy’ & voices ‘Rescuing Democracy’."
He also said Naidu's decision exposed Leader of Rajya Sabha Arun Jaitley's "naked prejudice" by calling it a revenge petition. "Within hours of 64 MP’s submitting the impeachment motion, Leader of Rajya Sabha(FM) had expressed naked prejudice by calling it a ‘revenge petition’ virtually dictating the verdict to Rajya Sabha Chairman on that day. Has ‘Revenge Petition’ now become ‘Rescue Order’?" he tweeted.
"RS Chairman can’t decide on merits in absence of quasi judicial or administrative power (M.Krishna Swami’s case). If all charges were to be proved before inquiry as RS Chairman suggests, Constitution & Judges (Inquiry) Act will have no relevance. Don’t muzzle Constitution," Surjewala said.
Constitutional process of impeachment is set in motion with 50 MP’s giving the motion.— Randeep Singh Surjewala (@rssurjewala) April 23, 2018
RS Chairman can’t adjudge 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’.
2/3— Randeep Singh Surjewala (@rssurjewala) April 23, 2018
Within hours of 64 MP’s submitting the impeachment motion, Leader of Rajya Sabha(FM) had expressed naked prejudice by calling it a ‘revenge petition’ virtually dictating the verdict to Rajya Sabha Chairman on that day.
Has ‘Revenge Petition’ now become ‘Rescue Order’?
3/3— Randeep Singh Surjewala (@rssurjewala) April 23, 2018
RS Chairman can’t decide on merits in absence of quasi judicial or administrative power (M.Krishna Swami’s case).
If all charges were to be proved before inquiry as RS Chairman suggests, Constitution & Judges (Inquiry) Act will have no relevance.
Don’t muzzle Constitution
Visual of Venkaiah Naidu's order rejecting CJI impeachment motion
Calling the impeachment motion an internal matter of the Supreme Court #VenkaiahNaidu quotes the master of roster order. Also says its neither legal or desirable or proper to admit the Notice of Motion on any of these grounds. pic.twitter.com/8V5kAQSUQM— Bar & Bench (@barandbench) April 23, 2018
Will examine grounds of dismissal, says CPI leader D Raja
"We'll examine the grounds on which it was dismissed. I don't think it is a setback. We're a democracy," CPI leader D Raja told CNN-News18.
Conversations between third parties with dubious credentials not grounds of impeachment: Venkaiah Naidu
"Conversations between third parties with dubious credentials, which have been extensively relied upon, cannot themselves constitute any material evidence against the holder of the office CJI," said Venkaiah Naidu on impeachment motion.
What #VenkaiahNaidu says about the Impeachment motion— Bar & Bench (@barandbench) April 23, 2018
"conversations between third parties with dubious credentials, which have been extensively relied upon, cannot themselves constitute any material evidence against the holder of the office CJI#CJIDipakMisra @VPSecretariat pic.twitter.com/Nghabj7qKA
Naidu quotes Article 124(4) of Constitution as grounds for rejecting impeachment motion
Copy of order rejecting Opposition's CJI impeachment notice
'Satisfied that admission of motion is neither desirable nor proper'
Rajya Sabha chairman M Venkaiah Naidu stated in the order that, "After having perused annexures to the motion and having detailed consultations and having studied opinions of constitutional experts, I am satisfied that admission of this notice of impeachment motion is neither desirable nor proper."
Motion should've been considered null and void from beginning: Subramaniam Swamy
Speaking to ANI, BJP leader Subramaniam Swamy said, "He (Venkaiah Naidu) 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."
"They have shot themselves in the foot and destroyed their chances in Karnataka," Swamy told CNN-News18.
Congress to hold press conference at 1.30 pm
CNN-News18 reported that the Congress party will address the media at 1.30 pm after Rajya Sabha chairman Venkaiah Naidu rejected the Opposition motion to impeach the CJI Dipak Misra.
'Motion undermines independence of judiciary'
"Motion undermines independence of judiciary. No credible or verifiable facts. MPs are unsure of their own charges against the CJI. Most of the charges are internal matters to be resolved by Supreme Court itself," said Venkaiah Naidu in the 10-page order.
Motion undermines independence of judiciary. No credible or verifiable facts. MPs are unsure of their own charges against CJI. Most of the charges are internal matters to be resolved by SC itself: V-P Venkaiah Naidu #ImpeachmentBlow pic.twitter.com/D6C90utS0k— News18 (@CNNnews18) April 23, 2018
Facts in motion don't show CJI can be ever held guilty of misbehavior: Venkaiah Naidu
I have applied my mind to all 5 charges made out in Impeachment Motion&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 misbehavior: Vice President— ANI (@ANI) April 23, 2018
Charges made on suspicion and assumption, Venkaiah Naidu says in order
As per a copy of the order rejecting Opposition's CJI impeachment notice, Rajya Sabha chairman Venkaiah Naidu said that the allegations "seriously" undermine the judiciary's independence. "Charges made on suspicion and assumption. Allegations seriously undermine the independence of the judiciary. None of the five allegations in the notice were tenable or admissable," he reportedly said.
Naidu applied his mind, says former attorney-general Soli Sorabjee
Speaking to CNN-News18, former attorney-general Soli Sorabjee said, "The vice-president has applied his mind, found no grounds, consulted legal experts and then took a decision."
Latest updates: Finance Minister and senior advocate Arun Jaitley slammed the Congress party for moving the impeachment motion. Terming it a 'political tool' and 'intimidatory tactic', Jaitley said that this was Congress' 'revenge petition after the Supreme Court judgement on judge Loya case exposed the 'falsehood' being spread by the party.
The Congress itself seems to be divided on the issue of the impeachment motion against the CJI. Salman Khurshid said that he was not a part of the impeachment motion notice because he said that the procedure of the judiciary needs to be respected.
Kapil Sibal said that the Opposition parties did not have any option apart from filing an impeachment notice. He said that the Chief Justice had not asserted the independence of the judiciary.
Ghulam Nabi Azad, in a press conference, said that Opposition parties had moved impeachment motion under five grounds of misbehaviour.
Over 60 MPs belonging to seven political parties have signed the notice for impeachment proceedings against CJI.
According to CNN-News18, five Opposition leaders had turned for the meeting against the Chief Justice of India. They are expected to address a press conference at 1 pm.
Congress and some other Opposition parties met on Friday with a proposed impeachment motion against Chief Justice of India (CJI) up for discussion.
Senior Congress leader Ghulam Nabi Azad had called the meeting which comes days after the party had said that option of moving an impeachment motion against Chief Justice Dipak Misra was still open.
Congress leaders had said that the issues raised by four Supreme Court judges have not been addressed yet by the CJI.
They had said the party was concerned about the independence of judiciary and people must protect the institution from "gross interferences by the government."
During the Budget Session that concluded earlier in April, the Congress had initiated a move collecting more than 50 signatures of the Rajya Sabha members in a bid to table the motion, but there were reservations from parties like the Trinamool Congress.
The Congress kept the move on hold, saying it wanted to get as much support as possible from other parties.
With inputs from agencies
Updated Date: Apr 23, 2018 19:54 PM
CJI Dipak Misra impeachment case: Kapil Sibal's lack of political and legal acumen is costing Congress dear
CJI Impeachment row: Lawyer Prashant Bhushan files RTI to seek order setting up 5-judge bench
Congress' impeachment motion against CJI Dipak Misra causes irreparable harm to Indian judiciary's integrity