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CJI Dipak Misra impeachment notice rejected LIVE UPDATES: Congress to move SC against Vice-President’s order

CJI Dipak Misra impeachment rejected LIVE UPDATES: "The Supreme Court is being muzzled and crushed. People have lost faith in the judiciary," Congress president Rahul Gandhi said on Monday.

By: Express Web Desk | New Delhi | Updated: April 23, 2018 3:49:13 pm
cji impeachment, chief justice of india, dipak misra, congress, opposition, rajya sabha secretariat, indian express Seven opposition parties, led by the Congress, had sought the impeachment of CJI Dipak Misra accusing him of corruption, misusing his authority and failing to protect the independence of the judiciary.

Congress leader Abhishek Manu Singhvi on Monday hit out at Rajya Sabha chairperson and Vice-President Venkaiah Naidu for rejecting the impeachment notice against Chief Justice of India Dipak Misra and said he was not surprised by the latter’s decision. Taking to Twitter, Singhvi said, “Expectedly, Sh Naidu rejected imp’ment motion. Unexpectedly, he did so within one day of returning from outstn. Hopefully, the alacrity was not intended to render infructuous calls for CJI to stop Admn work. The reaction came minutes after Naidu rejected the notice saying it lacked ‘substantial merit’.

Seven Opposition parties, led by the Congress, had sought the impeachment of CJI Dipak Misra accusing him of corruption, misusing his authority and failing to protect the independence of the judiciary. Leaders of the seven parties met with Vice-President Naidu last week and handed over a notice bearing signatures of 64 MPs and seven former MPs, who recently retired. Trinamool Congress and the DMK were not part of the move.

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Highlights

  • 15:42 (IST)

    Congress to move Supreme Court against V-P's order

    Kapil Sibal, in his press conference, said the charges against CJI Dipak Misra are grave and the Congress will move Supreme Court against Vice-President Venkaiah Naidu's decision to reject the impeachment motion. "We'll certainly file a petition (in Supreme Court) against this & 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," he said.

  • 13:05 (IST)

    Supreme Court being muzzled, crushed: Rahul Gandhi

    In a scathing attack on Prime Minister Narendra Modi, Congress president Rahul Gandhi said, "The Supreme Court is being muzzled and crushed. People have lost faith in the judiciary."

  • 12:19 (IST)

    We have privilege to move the motion under the Constitution: Kapil Sibal

    Senior Congress leader Kapil Sibal had earlier told The Indian Express that it would be a breach of privilege if the chairman rejected the notice. "According to me, it would be a breach of privilege (if the chairman rejects it) because we have a privilege to move the motion under the Constitution. That’s a serious issue again. That is something we will have to consider," he said. READ FULL INTERVIEW HERE

  • 12:17 (IST)

    Naidu has rightly applied his mind: Soli Sorabjee

    Eminent jurist and former Attorney General of India Soli Sorabjee welcomed the decision to reject the impeachment notice against CJI Dipak Misra, saying Rajya Sabha Chairman Venkaiah Naidu had "rightly applied his mind". "The vice-president has applied his mind. He has consulted legal experts and has come to a decision. We did not want the matter hanging indefinitely. He has gone into the matter and has found no merit in it and no ground for impeachment, therefore, he rejected it," he said.

  • 11:40 (IST)

    Fight between forces ‘Rejecting Democracy’ and voices ‘Rescuing Democracy’: Randeep Surjewala

    While reiterating that the Rajya Sabha chairman cannot adjudge the notice, AICC spokesperson Randeep Surjewala said, "RS Chairman can’t adjudge the motion, for he has no mandate to decide the merits of the motion. This is truly a fight between forces ‘Rejecting Democracy’ & voices ‘Rescuing Democracy’."

  • 11:27 (IST)

    Congress may move Supreme Court

    According to sources, the Congress is likely to move the Supreme Court against the order of the Rajya Sabha chairman, PTI reported.

  • 11:08 (IST)

    Naidu should have thrown away the notice in the beginning itself: Subramanian Swamy

    BJP leader Subramanian Swamy, who extended his support to the decision, said, "He (Naidu) has decided correctly. He need not have taken two days to make the decision. It should've been considered null and void and thrown out from the beginning. The Congress had committed suicide by doing this."

  • 11:01 (IST)

    Naidu has now power to say 'charges are not made out': Prashant Bhushan

    Reacting to the move, noted lawyer Prashant Bhushan said Naidu has no power to say that "charges are not made out". Taking to Twitter, Bhushan said, "What!! VP Naidu rejects impeachment motion against CJI signed by 64 RS MPs! On what grounds? He has no power to say that charges are not made out."

15:49 (IST) 23 Apr 2018
CJI Dipak Misra impeachment: The five charges and 10 observations rejecting them

On Friday seven opposition parties submitted to vice president M Venkaiah Naidu, chairman of Rajya Sabha, a notice for a motion of impeachment against CJI Deepak Misra. On Monday Naidu refused to admit the notice of motion. Read | The five charges and 10 observations rejecting them

15:42 (IST) 23 Apr 2018
Congress to move Supreme Court against V-P's order

Kapil Sibal, in his press conference, said the charges against CJI Dipak Misra are grave and the Congress will move Supreme Court against Vice-President Venkaiah Naidu's decision to reject the impeachment motion. "We'll certainly file a petition (in Supreme Court) against this & 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," he said.

15:35 (IST) 23 Apr 2018
Sibal slams rejection of impeachment motion

Kapil Sibal termed Venkaiah Naidu's decision to reject impeachment motion illegal, unprecedented, and hasty. He further said the government appears to be in a tearing hurry to block the attempts at an enquiry.

15:25 (IST) 23 Apr 2018
Congress holds press conference over rejection of impeachment motion

Congress leader and senior advocate Kapil Sibal addressed a press conference in response to the objections raised by Vice-President Venkaiah Naidu in his order rejecting the impeachment motion against the Chief Justice of India.

14:10 (IST) 23 Apr 2018
Grateful to VP Naidu: Meenakshi Lekhi

Welcoming the decision, BJP spokesperson Meenakshi Lekhi said the vice-president applied his mind and gave a detailed order. "I must express my gratefulness to the vice-president who has applied his mind and gave a detailed order. The second aspect is regarding the complaint itself. It is a major wrong. The language itself in which it has been drafted says it appears, prima facie it appears, it looks," she said.

13:26 (IST) 23 Apr 2018
Issues raised not of 'sufficient gravity and rightly rejected': Fali Nariman

Eminent jurist Fali S Nariman said the issues raised in the impeachment notice against the CJI were not of "sufficient gravity and rightly rejected" by the vice-president. "When you have a man like the chief justice of the Supreme Court, it (impeachment notice) has to have something that is far more important than just saying he did not do this or that. The vice president has the statutory authority and he has rightly rejected the notice," Nariman said.

13:13 (IST) 23 Apr 2018
Four SC judges seeking justice from citizens: Rahul Gandhi
13:05 (IST) 23 Apr 2018
Supreme Court being muzzled, crushed: Rahul Gandhi

In a scathing attack on Prime Minister Narendra Modi, Congress president Rahul Gandhi said, "The Supreme Court is being muzzled and crushed. People have lost faith in the judiciary."

12:40 (IST) 23 Apr 2018
This can't be considered a wise act: Justice (Retd) RS Sodhi
12:30 (IST) 23 Apr 2018
Here is what Venkaiah Naidu said:

Vice President Venkaiah Naidu rejected the notice submitted by seven opposition parties for a motion for the impeachment of Chief Justice of India citing “absence of credible and verifiable information”. “In the absence of credible and verifiable information placed before me which gives an indication of ‘misbehaviour’ or ‘incapacity’, it would be an inappropriate and irresponsible act to accept statements which have little empirical basis. As heirs to an illustrious democratic tradition and custodians of the present and future of democratic polity, we should, in my view, collectively strengthen and not erode the foundations of the grand edifice bequeathed to us by the Constitution makers. We cannot allow any of our pillars of governance to be weakened by an thought, word or action. ..In the end after having perused annexures to the motion and having detailed consultations and having studied the opinions of Constitutional experts, I am satisfied that admission of this Notice of Motion is neither desirable nor proper,” Naidu wrote in a 10-page order refusing to admit the notice of the motion.

12:25 (IST) 23 Apr 2018
Such hurry in rejection was not needed: Shiv Sena's Arvind Sawant
12:19 (IST) 23 Apr 2018
We have privilege to move the motion under the Constitution: Kapil Sibal

Senior Congress leader Kapil Sibal had earlier told The Indian Express that it would be a breach of privilege if the chairman rejected the notice. "According to me, it would be a breach of privilege (if the chairman rejects it) because we have a privilege to move the motion under the Constitution. That’s a serious issue again. That is something we will have to consider," he said. READ FULL INTERVIEW HERE

12:17 (IST) 23 Apr 2018
Naidu has rightly applied his mind: Soli Sorabjee

Eminent jurist and former Attorney General of India Soli Sorabjee welcomed the decision to reject the impeachment notice against CJI Dipak Misra, saying Rajya Sabha Chairman Venkaiah Naidu had "rightly applied his mind". "The vice-president has applied his mind. He has consulted legal experts and has come to a decision. We did not want the matter hanging indefinitely. He has gone into the matter and has found no merit in it and no ground for impeachment, therefore, he rejected it," he said.

11:42 (IST) 23 Apr 2018
Don't muzzle Constitution: Surjewala
11:41 (IST) 23 Apr 2018
Has ‘Revenge Petition’ now become ‘Rescue Order’, asks Surjewala
11:40 (IST) 23 Apr 2018
Fight between forces ‘Rejecting Democracy’ and voices ‘Rescuing Democracy’: Randeep Surjewala

While reiterating that the Rajya Sabha chairman cannot adjudge the notice, AICC spokesperson Randeep Surjewala said, "RS Chairman can’t adjudge the motion, for he has no mandate to decide the merits of the motion. This is truly a fight between forces ‘Rejecting Democracy’ & voices ‘Rescuing Democracy’."

11:35 (IST) 23 Apr 2018
Dipak Misra will not be able to hear plea if MPs move top court: Tehseen Poonawalla

Congress leader Tehseen Poonawalla also said that the impeachment grounds are not for the vice-president to decide upon.

11:27 (IST) 23 Apr 2018
Congress may move Supreme Court

According to sources, the Congress is likely to move the Supreme Court against the order of the Rajya Sabha chairman, PTI reported.

11:23 (IST) 23 Apr 2018
Will consult legal experts: PL Punia
11:08 (IST) 23 Apr 2018
Naidu should have thrown away the notice in the beginning itself: Subramanian Swamy

BJP leader Subramanian Swamy, who extended his support to the decision, said, "He (Naidu) has decided correctly. He need not have taken two days to make the decision. It should've been considered null and void and thrown out from the beginning. The Congress had committed suicide by doing this."

11:01 (IST) 23 Apr 2018
Naidu has now power to say 'charges are not made out': Prashant Bhushan

Reacting to the move, noted lawyer Prashant Bhushan said Naidu has no power to say that "charges are not made out". Taking to Twitter, Bhushan said, "What!! VP Naidu rejects impeachment motion against CJI signed by 64 RS MPs! On what grounds? He has no power to say that charges are not made out."

10:55 (IST) 23 Apr 2018
Vice-President Venkaiah Naidu rejects notice by Opposition

Vice-President Venkaiah Naidu Monday rejected a notice by seven Opposition parties led by the Congress seeking the impeachment of Chief Justice of India Dipak Misra. Naidu, also the Rajya Sabha Chairman, had consulted legal experts over the weekend following the notice issued by the Opposition members. Naidu rejected the notice saying it lacked ‘substantial merit’. The order comes minutes before the Supreme Court convenes for the day.

The Rajya Sabha Chairman is learnt to have spoken to Attorney General K K Venugopal, former Supreme Court judge Justice B Sudershan Reddy, former attorney general K Parasaran, former secretary general of Rajya Sabha V K Agnihotri, former secretary general of Lok Sabha Subhash Kashyap, former law secretary P K Malhotra, former legislative secretary Sanjay Singh and senior officials of the Rajya Sabha secretariat. Several constitution experts, including former CJIs, speaking to The Indian Express, expressed apprehension at the unprecedented move by a section of Opposition parties, saying it was a sad day for Indian judiciary.