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Vice President rejected Impeachment Motion against Deepak Misra, Chief Justice of India

24 April 2018

On Monday the Vice President of India rejected the impeachment notice served by the Opposition against the Chief Justice of India Dipak Misra.

Attacking the rejection of the impeachment motion as "illegal, wrong and unconstitutional", Sibal said the Opposition members who had signed the motion would move the Supreme Court challenging the rejection.

Sibal even quoted Naidu from his order where he had said, "the prefix "proved" places an obligation of actually proving the misbehavior...", saying that proved misbehavior can come only after an inquiry and what Naidu has applied to it is not known to law.

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"We'll certainly file a petition (in Supreme Court) against this and would want the CJI to not take any decision with respect to it, be it the listing or anything else, we'll accept whatever SC decides", said Kapil Sibal. The Congress too condemned Naidu's decision.

Naidu cited lack of merit in the charges leveled by the opposition after deliberating on all the aspects of the notice with legal and constitution experts.

The other parties were the CPI, CPI (M), NCP, SP, BSP and the IUML.

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Naidu said he had detailed personal conversation on all aspects arising from the notice and had considered each of the allegations made in it individually as well as collectively.

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. The party said the voters will soon bring in a motion for the removal of the Congress party.

They also said Naidu continued with the deliberations till late in the evening and also spoke to K Parasaran, who was the attorney general during the Congress governments led by Indira Gandhi and Rajiv Gandhi and was also a member to the Upper House nominated by the party. "You can not boot the privilege in this manner", Sibal said, adding that the government is very keen that charges made in the petition must not be allowed to be inquired into. The notice was dismissed at the preliminary stage of the multi-step impeachment process. Referring to the publicity surrounding the case, he said well-established parliamentary conventions and practicesas delineated in para 2.2 of handbook of Members of Rajya Sabha prohibiting publicity had been disregarded.

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Congress media-in-charge Randeep Singh Surjewala described the opposition's move as a fight between forces "rejecting democracy" and voices "rescuing democracy". "They are unsustainable and unjustifiable and therefore the notice for impeachment has been rightly rejected by him on very sound legal reasoning and cogent legal grounds", Sinha said and blamed the Congress for trying to "intimidate the judiciary" by moving the notice. VP Naidu rejects impeachment motion against CJI signed by 64 RS MPs! Justice Dipak Misra's image by President of India [CC BY 3.0], via Wikimedia Commons.

Vice President rejected Impeachment Motion against Deepak Misra, Chief Justice of India