In an interview to The Indian Express' Jyoti Malhotra, senior jurist Fali S Nariman rubbished the charges leveled by the Congress party on the issue of impeaching the Chief Justice of India. This is what he said.
It is the blackest possible day. I have never seen a day like this. After 67 years, I have never seen anyone make such allegations. These are nothing. These are all election tactics.
Impeachment of a judge, particularly a Chief Justice, can’t be on political considerations. It has to be on some merit. I find that there is nothing in the charges that have been made. The fact that the Chief Justice has imposed his orders on all the judges including the four judges who complaint is not a matter of any charge at all. That is a matter between the Chief Justice and the four judges. He is the Chief Justice. There has to be one person who says which bench has to take what.
On 12th January, there was that letter of complaint of these four judges, not a word about this registrar’s note and the Chief Justice's order of the 6th of November, earlier, if a forgery. They have now alleged forgery. The four judges haven’t subscribed to this charge.
You see you have to be a little conscious that this is a very serious move against the Chief Justice of India. You have to have some very cogent evidence. If I am a judge say, of this court, what would be my reaction? I have a cast iron case against the government. I will be very fearful, wouldn’t I? If they don’t like any particular judgment, suppose Ayodhya goes against them and they say this land belongs to Muslims and not to Hindus. That is nonsense but I'm just saying, suppose. Because it's now before the court. Are they going to impeach the judges?
A party with the government with the majority can file a motion for impeachment. I am sure Mr Manmohan Singh realises this. He hasn’t signed. I would like to see his signature. If he is convinced that these charges are valid why hasn’t he signed?
I think the four judges who have made this letter of 12th January should say that we maintain what we said in our letter of 12th January. We were never party to subscribe to any charge against the Chief Justice to warrant his impeachment. You are destroying the judiciary and you are destroying the Constitution. Why the Constitution? Because the final interpreters of the Constitution is the judiciary, not Parliament.
The occasion for meeting with the Vice President happened to be the date when the judgment in the BH Loya came in. But if you remember, (Kapil) Sibal said very clearly that these charges have nothing to do with Loya.
You don’t trust him, then find some occasion to remove him or don’t appoint him. These four judges started it. Perhaps you can say that the Chief Justice started it, I don’t mind. It takes two to clap. This has happened only to bring the Supreme Court which was up to now on the ground floor into the basement.