CJI impeachment notice: Who decided on setting up of Constitution bench, asks Kapil Sibal

Asserting that if it was indeed CJI Misra who passed the order to constitute the Justice Sikri-led Constitution bench, Kapil Sibal said the petitioners had a right to know it and were entitled to challenge the order.

Congress leader Kapil Sibal dismissed Smriti Irani’s claims and called it the government’s attempt to divert attention from the ongoing CBSE paper leak row. (File)

Minutes after Congress withdrew a petition filed by two of its MPs in the Supreme Court challenging Rajya Sabha Chairman M Venkaiah Naidu’s decision to reject the impeachment notice against Chief Justice of India Dipak Misra, senior advocate Kapil Sibal sought to know as to who decided the constitution of the five-judge bench to hear case. Addressing a press conference after the case was “dismissed as withdrawn” on Tuesday, Sibal said it was the first time in the country’s history that someone had passed an order on administrative basis and claimed the CJI could not pass such orders in this matter.

“We filed a petition in Supreme Court (challenging Vice President Naidu’s dismissal of impeachment motion against CJI) on Monday and it was to be heard today. But we were informed last evening that our petition will be heard by 5 judges. Who gave these orders? What were the orders?,” Sibal said, adding,”This is the first time in the country’s history that someone has passed an order on an administrative basis.”

READ | CJI impeachment notice: Congress withdraws petition challenging Venkaiah Naidu’s decision

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During the hearing in the SC, Sibal, counsel for Congress MPs Partap Singh Bajwa and Amee Harshadyay Yajnik, sought a copy of the order alotting the case to the five-judge bench, saying they intended to challenge it. When asked about its legal justification at the press conference, Sibal said, “There is no question of not providing a copy of the order. This is not a document covered under the Official Secrets Act. We can only argue on the merits of the case if we receive a copy of the order, because there is no order that cannot be challenged under the constitution.”

Asserting that if it was indeed CJI Misra who passed the order to constitute the Justice Sikri-led Constitution bench, Sibal said the petitioners had a right to know it and were entitled to challenge the order, citing conflict of interest. “We just want to ensure that the sanctity and purity of the Supreme Court and its processes are maintained,” Sibal said. The Congress leader, however, made it clear that they did not harbour any personal malaise against any Supreme Court judge.

The Constitution bench constituted to hear the CJI impeachment petition didn’t include the four senior-most judges of the apex court who had publicly aired in January their grievances over how CJI Misra was running the court and allocating cases. The five-judge bench, led by Justice AK Sikri, comprised Justices SA Bobde, NV Ramana, Arun Mishra and AK Goel.

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