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CJI Dipak Misra impeachment: Here are five charges levelled by Opposition

Move to impeach CJI: A section of Opposition parties met Rajya Sabha Chairman Venkaiah Naidu, asking that the motion be taken up in Rajya Sabha. CJI Dipak Misra retires in October this year.

By: Express Web Desk | New Delhi | Updated: April 20, 2018 8:26:26 pm
Demand for impeachment of CJI, Supreme Court, Chief Justice of India, Dipak Misra An impeachment motion is being moved against Chief Justice of India Justice Dipak Misra. (Express Photo by Tashi Tobgyal/Files)

Seeking to impeach Chief Justice of India Dipak Misra, leaders of seven Opposition parties, led by Leader of Opposition in Rajya Sabha Ghulam Nabi Azad, met Rajya Sabha Chairman Venkaiah Naidu Friday. In a statement issued at a press conference held later, leaders of the seven Opposition parties alleged five counts of ‘misconduct’ that they claimed were unbecoming of the current CJI.

Here are the five charges levelled by the Opposition against the CJI, according to the statement issued by the seven parties:

1. The first charge levelled by the Opposition in its statement relates to an alleged 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.

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The statement read, “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.”

2. The second charge levelled by the Opposition 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 the investigation.

Opposition leaders at a press conference in Delhi after their meeting with Rajya Sabha chairman Venkaiah Naidu. (Express Photo by Anil Sharma)

3. The third charge levelled by the Opposition, amounts to antedating. “The practice in the Supreme Court is that when the CJI is in a Constitution Bench, and matters are to be listed, requests for listing are made before the first puisne judge,” the statement read. “On November 9, 2017, when a writ petition was mentioned before Justice Chelameswar at 10:30 AM since the CJI 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 November 6 brought to the attention of Justice Chelameswar on November 9 as the matter taken up was antedated,” the statement read.

4. The fourth charge levelled by the Opposition relates to the Chief Justice having allegedly 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 Opposition statement read.

5. The fifth charge levelled by the Opposition relates to the alleged 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 statement read.

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