Two Rajya Sabha Congress MPs have moved the Supreme Court challenging the decision to reject the impeachment motion against Chief Justice of India by Venkaiah Naidu. The petition was filed after Rajya Sabha chairman, Venkaiah Naidu rejected the removal motion against Justice Misra which was signed by over 50 MPs.
The petitioner MPs – Pratap Singh Bajwa from Punjab and Amee Harshadray Yajnik from Gujarat – in their joint petition said that once a removal motion is signed by the requisite number of MPs the RS chairman has no option but to constitute an inquiry committee to investigate the charges against the CJI.
Congress leader Kapil Sibal is said to have mentioned the petition against Naidu’s order before Justice Chelameswar.
While Justice Chelameswar initially showed reluctance, Sibal and Bhushan insisted that since the CJI as master of roster is disqualified from hearing a petition on the removal of CJI, it has to be heard and decided by a bench headed by Justice Chelameswar. Sibal said he is not asking for any interim order but seeking listing of the petition before an appropriate bench. The bench of Justice J Chelameswar and S K Kaul said it will pass orders on listing on Tuesday morning.
On April 23, Naidu, acting in his authority as the Rajya Sabha chairman, had rejected the notice for the impeachment of CJI Misra, which was submitted by seven Opposition parties, including the Congres. The Congress had called Naidu’s order “unprecedented, illegal, ill-advised and hasty” and had said it would approach the Supreme Court over the matter.
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