New Delhi . 7 parties, including Congress, want to introduce impeachment motion against 45th Chief Justice of the Supreme Court, Deepak Mishra, who retires in October this year. The leaders of these parties handed over the 64-member signature notice to Rajya Sabha Chairman and Vice-President M Venkaiah Naidu on Friday . If this notice is approved and the opposition succeeds in bringing the proposal, then it will be the first such move by the legislature against the Chief Justice of the Supreme Court in the history of the country. Opposition parties charged 5 charges in the notice of impeachment motion against the Chief Justice. On the other hand, on Friday, the Supreme Court termed the rhetoric of the leaders, who are franking on this issue, unfortunate.
Former MPs also signed
Leader of the Opposition Ghulam Nabi Azad in the Rajya Sabha, after a meeting of 40 minutes from the Speaker Wenyaiah Naidu, the press conference after the meeting. He said – We have given notice of bringing impeachment motion against the Chief Justice of the country. Rajya Sabha Chairman can also decide on the support of 50 MPs. We have given 71 signature signatures of MPs. Out of these 7 MPs have been terminated. So, the number is 64 MPs.
Congress said – we did not want to see these days
Congress leader Kapil Sibal , who was present at the press conference, said, “The country would want to know why we took this step? We did not even want to see these days.” Judiciary The highest level of honesty is expected. ”
” There is a difference between the judges of the Supreme Court. Four senior judges had a press conference on January 12, in which they Publicly speaking about the Chief Justice’s modalities. ”
” The Supreme Court judge himself is saying that the judiciary’s freedom is in danger. In such a situation, should the country not do anything and should sit idle? ”
5 charges against 7 Chief Justices of Opposition parties
Sibal, while citing the notice of the MPs handed over to the Rajya Sabha chairman, told the five charges, on the basis of which the impeachment notice of the impeachment motion against the Chief Justice has been brought.
1 ) Earlier on the allegation, Sibal said, “We have handed over the tape of the interaction between a retired judge and a broker of the Orissa High Court in the Prasad Education Trust case and also the Rajya Sabha chairman who received the tape. the need to examine the role of the Chief Justice. ”
2 )” were evidence of CBI against a judge of the Allahabad High court in a case, but Chief Justice has approved the registration of the case to CBI ”
3 )” Justice Chellwar agreed to hear a petition on November 9, 2017 when suddenly a note of back date from the Supreme Court registry was sent to him and it was said that you have not heard the petition. Do it. ”
4) “When Chief Justice was advocating, he filed a false affidavit and obtained the land, ADM had termed the affidavit as false, in 1985 the land allocation was canceled, but in 2012, he surrendered the land when he was in the Supreme Court. ”
5 )” The Chief Justice sent arbitrary lawsuits to some special benches. By doing so, he misused his position. ”
The notice of opposition parties does not mention the case related to Judge Loya
Interestingly, this notice of Congress and opposition parties is not mentioned in the case of Judge Loya. The petitions seeking a probe by the SIT of the case of Judge Loya, who were hearing the Sohrabuddin encounter case, were filed in the Supreme Court.
The petitions were rejected by the Supreme Court on Thursday. The Supreme Court had said that the death of Judge Loya was natural. Demand for investigation is politically motivated.
Congress questioned the decision and said that they will join the 16 parties together to plead with the President for investigation in this case.
Together with 7 parties, Trinamool and DMK shared the edge of the Congress
According to the news agency, opposition parties wanting impeachment include Congress, Nationalist Congress Party, Marxist Communist Party, Communist Party of India, Samajwadi Party, Bahujan Samaj Party and Muslim League. However, the Trinamool Congress and the DMK were also included in opposition parties for impeachment motion. But later these two parties shook the Congress.
The Supreme Court said that the statement on the impeachment was unfortunate the bench of Justice AK Sikri and Justice Ashok Bhushan, while hearing a case on Friday, said that the verdict of the public being given publicly about impeachment is upheld by the apex court. The Supreme Court termed the public debate as unfortunate. The Supreme Court asked Attorney General K.K. Venugopal to assist the court in this regard. The court asked if rhetoric can be stopped on impeachment? The court said that after the advice of the Attorney General, only the restrictions on the media would be considered.
Actually, a petitioner in front of the Supreme Court raised this issue that the leaders are making open statements about the impeachment of judges.
Process of impeachment in 8
stages- To bring an impeachment motion against any judge of the High Court or the Supreme Court, at least 50 of the Rajya Sabha and the support of at least 100 MPs of the Lok Sabha is necessary. This proposal can also be brought in the situation of non-existence of Parliament session.
If the proposal is handed over to the Chairman of the Rajya Sabha, then they consider his merits.
If the President feels that it is like bringing the proposal, then he makes a committee, which thinks it over and over again. Otherwise they can also dismiss it.
If the committee is formed then it includes a judge of the Supreme Court, a judge of the High Court and a senior lawmaker.
If the committee finds the allegations right after the investigation, then the report of the committee is discussed in the House where the proposal has been brought. Voting happens after the discussion.
During the discussion and voting, the judge has to be present in the house himself or to have his side through any lawyer.
To pass the impeachment motion, the votes of at least two-thirds of the members of the House are needed.
When the resolution is passed in both the houses, it is sent to the President. If they decide to remove the judge then they have to issue an order.
Three times, impeachment attempts
1991 : Proposal for impeachment against Justice V. Ramaswamy of Supreme Court was brought, but there was no necessary support for passing this proposal in the Lok Sabha.
2009 : Attempts have been made to introduce impeachment motion against the Sikkim High Court’s Justice PD Dinakaran. Speaking ahead on the proposal in Parliament, before he resigned.
2011 : Impeachment motion was brought in the Rajya Sabha against the court of Calcutta High Court, Soumitra Sen. The offer was also passed. In the Lok Sabha, a resolution against him came, before he resigned from the post of the judge.