While addressing the media in the national capital, Leader of Opposition in Rajya Sabha Ghulam Nabi Azad said, “We have moved an impeachment motion seeking the removal of CJI Dipak Misra. Seventy-one MPs had signed the impeachment motion (against CJI) but since seven of them have retired, the number is now 64. However, we have more than the minimum requirement needed to entertain the motion and we are sure that the Honorable Chairman will take action.”
Azad had played a central role in collecting signatures of MPs from several parties, including the Congress, CPM, CPI, NCP, SP and the BSP.
Congress leader Kapil Sibal said, "We wish this day had never come in the fabric of our constitutional framework. Since the day he (Dipak Misra) was appointed as CJI, there have been questions raised in the manner in which he has dealt with certain cases.”
Stating that judges must hold the highest standard of integrity, he said, "When the judges of the Supreme Court themselves believe that the Judiciary's independence is at threat, alluding to the functioning of the office of the CJI, should the nation stand still and do nothing? Anyone occupying the office of the CJI must be judged on the basis of the highest standards of integrity."
Accusing the CJI of 'misusing his position', the senior party leader said that democracy can thrive only when the Judiciary stands firm, independent of the executive, and discharges its duty honestly. "As representatives of the people, we are empowered to hold the Chief Justice accountable just as we are accountable to the people," he said.
Congress leaders Ghulam Nabi Azad and Kapil Sibal address the media on Friday. (Express photo/Anil Sharma)
"The impeachment of a Judge of the Supreme Court is to be done only in the case of either his “incapacity” or on “proven misconduct”. The Congress Party and its friends have started using impeachment as a political tool. Impeachment is a process by which you remove the holder of office in order to protect the dignity of an office. The power of impeachment under our Constitution is a part of an inter-institutional accountability. Both Houses of Parliament as political houses have been conferred the judicial power of impeachment. Thus a judicial power is exercised by a political house. Each Member has to act as a Judge. He has to independently review the facts and the evidence. Decisions cannot be on party lines or dictated by Whip. The power is exercised in case of “proven misconduct”. Trivialising the use of that power is a dangerous event. It is not difficult to collect fifty signatures of Rajya Sabha or hundred signatures of Lok Sabha members even on frivolous issues. To use the power as intimidatory tactics when neither you have a case of “proven misconduct” or the numbers on your side, is a serious threat to judicial independence. My preliminary reaction to the impeachment motion filed today is clear. It is a revenge petition after the falsehood of the Congress Party has been established in the Justice Loya death case. It is an attempt to intimidate a Judge and send a message to other Judges, that if you don’t agree with us, fifty MP’s are enough for a revenge action. The charges read out are issues those which have been settled by judicial orders or by precedent. Some issues are stale, trivial and have nothing to do with judicial functions."
Accusing the Congress of using impeachment as a political tool, Union Finance Minister Arun Jaitley said the impeachment of a Judge of the Supreme Court is to be done only in the case of either his “incapacity” or on “proven misconduct”.
"Impeachment is a process by which you remove the holder of office in order to protect the dignity of an office. The power of impeachment under our Constitution is a part of an inter-institutional accountability. Both Houses of Parliament as political houses have been conferred the judicial power of impeachment. Thus a judicial power is exercised by a political house," Jaitley said.
"My preliminary reaction to the impeachment motion filed today is clear. It is a revenge petition after the falsehood of the Congress Party has been established in the Justice Loya death case. It is an attempt to intimidate a Judge and send a message to other Judges, that if you don’t agree with us, fifty MP’s are enough for a revenge action. The charges read out are issues those which have been settled by judicial orders or by precedent. Some issues are stale, trivial and have nothing to do with judicial functions," he concluded.
An impeachment motion in the Rajya Sabha has to be supported by at least 50 MPs of the Upper House, while the number of MPs supporting such a motion in the Lok Sabha is 100. Once the notice for impeachment is submitted to the Rajya Sabha chairman, he will ascertain whether there is merit or ground for moving such a motion.
Senior Congress leader Salman Khurshid, however, refused to be a part of the group. "I am not party to or privy with discussions that have taken place between different parties and for me to reflect specifically on whether the grounds are justified would be unfair," he told news agency ANI.
The fifth charge relates to the abuse of exercise of power by the Chief Justice in choosing to send sensitive matters to particular benches by misusing his authority as Master of the Roster with the likely intent to influence the outcome.
The fourth charge relates to the Chief Justice having acquired land when he was an Advocate by giving an affidavit which was found to be false. Further, despite the orders of the ADM cancelling the allotment in 1985, the Chief Justice surrendered the land only in 2012 after he was elevated to the Supreme Court.
"The practice in the Supreme Court is that when the Chief Justice is in a Constitution Bench, and matters are to be listed, requests for listing are made before the first puisne judge. On November 9, 2017, when a writ petition was mentioned before Justice Chelameswar at 10:30 am since the Chief Justice was sitting in a Constitution Bench, the same was directed to be listed later the same day. When the matter was taken up, a note dated November 6, 2017 was placed before the judges hearing the matter by an official of the Registry. This is the basis of the third charge alleging that the note of 6th November brought to the attention of Justice Chelameswar on 9th November as the matter was taken up was antedated. The charge of antedating is by all accounts a very serious charge."
'The second charge relates to the Chief Justice having dealt on the administrative as well as on the judicial side with a writ petition which sought an investigation into the matter of Prasad Education Trust, in which he too was likely to fall within the scope of investigation,' the party said.
While listing out the five reasons behind the notice to the Vice President, the Congress said, 'The first charge relates to the conspiracy to pay illegal gratification by persons in relation to the Prasad Education Trust case and the manner in which the case was dealt with by the Chief Justice. It is on record that the CBI has registered an FIR. There are several recorded conversations between middlemen including a retired judge of the Orissa High Court excerpts of transcripts of which are set out in the articles of charge. References to the Chief Justice by innuendo in these conversations are evident. The denial of permission to the CBI to register an FIR against Justice Narayan Shukla of the Allahabad High Court, when the CBI shared incriminating information with the Chief Justice was itself an act of misbehaviour. All this requires a thorough investigation.'
While the Congress, CPM, CPI, NCP, SP and BSP have signed the notice, the Trinamool Congress (TMC) and Dravida Munnetra Kazhagam (DMK) were not among the signatories. According to sources, over 60 MPs have signed the petition till now.
While issuing a statement, Congress leader Ghulam Nabi Azad said, 'We wish this day had never come.'