New Delhi: The Opposition parties have circulated a draft impeachment proposal against Chief Justice of India Dipak Misra. Presently, some Rajya Sabha MPs of the Congress, Nationalist Congress Party, RJD and the Left parties have signed on the impeachment proposal expected to be brought in the Rajya Sabha. Talks are also on with the Trinamul Congress, DMK, Samajwadi Party and other smaller parties to sign the petition.
Senior advocate Prashant Bhushan met with West Bengal chief minister Mamata Banerjee regarding the impeachment motion. After the meeting, Ms Banerjee said, “Ideologically, what the topmost four Supreme Court judges have said, can we deny it? Other parties should also come out (state their position).”
While speaking to news agencies, Rajya Sabha MP of NCP D.P. Tripathi said, “A lot of Opposition parties, including the Congress, have initiated the process to impeach CJI Dipak Misra.” In January, four topmost Supreme Court judges — Justices Jasti Chelameswar, Ranjan Gogoi, M.B. Lokur and Kurien Joseph — had alleged that Chief Justice Dipak Misra was assigning important cases in an arbitrary manner to junior judges, ignoring these four senior judges. They had cited the case regarding the death of Justice BH Loya as an example.
However, the motion will be symbolic in nature as the Opposition doesn’t have the two-thirds strength required for it to be passed. Also, the Opposition can move this motion in the Upper House only as it requires the signatures of only 50 members there, as against those of 100 members in the Lok Sabha. As per precedents, it is up to the Rajya Sabha Chairman to admit the motion. After the Chairman admits the motion, it is referred to a committee of two judges and a senior advocate, who then investigate the matter.
The person against whom the motion is moved gets a chance to put his point forward to the committee in writing.
