Indian Vice president and Rajya Sabha Chairman Venkaiah Naidu on Monday rejected the Congress-led opposition parties' notice to remove the Chief Justice of India (CJI) Dipak Misra.
Naidu, a former Bharatiya Janata Party (BJP) president, rejected the notice citing lack of substantial merit in it, the PTI reported.
"Having considered the material contained in the notice of motion and reflected upon the inputs received in my interaction with legal luminaries and constitutional experts, I am of the firm opinion that the notice of the motion does not deserve to be admitted. Accordingly I refuse to admit notice of motion," said Naidu.
Congress leader PL Punia said immediately after the news of Naidu's rejection that it and other opposition parties will talk to some legal experts and take the next step, The Times of India reported. Congress leaders said over the weekend that the party is considering moving the Supreme Court if the notice to remove is rejected.
On Friday, as many as 64 Parliamentarians (MPs) belonging to seven political parties signed the notice for removal proceedings against the CJI. They include MPs from the Congress, the NCP, CPM, the CPI, the SP, the BSP and the Muslim League.
Article 124(4) of the Indian Constitution lays down the procedure for removal of a judge of the Supreme Court, including the CJI, who can be impeached on grounds of "misbehavior or incapacity". A removal motion signed by 100 members of Lok Sabha or 50 members of Rajya Sabha has to be submitted to the Speaker of the Lower House or Chairperson (ie Vice President) of the Upper House. This can be in either of the Houses of Parliament. The Speaker/Chairperson can then either accept or reject the motion.
The impeachment notice came a day after the Supreme Court rejected a bunch of petitions seeking an independent probe into the death of Judge BH Loya, who was hearing the Sohrabuddin Sheikh encounter case for which prime accused BJP President Amit Shah was jailed in the past. The judge who succeeded Loya acquitted Shah in less than a month after Loya's death.
The SC judgement was delivered by a bench headed by the chief justice.
Vice president Naidu, to whom the notice was submitted owing to his position as Rajya Sabha Chairman, yesterday set in motion the process of consultation on the 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.
