Venkaiah Naidu Rejects Impeachment Notice Against Chief Justice Dipak Misra

SC judges

On Monday the Vice President of India rejected the impeachment notice served by the Opposition against the Chief Justice of India Dipak Misra.

Congress leader PL Punia said immediately after the news of Naidu's rejection that it and other opposition parties will talk to some legal experts and take the next step.

Congress has chose to challenge the decision of the Vice President in supreme court, as Sibal elaborated, that they'd would want, Dipak Misra from refraining from any decisions on the matter.

"In passing, I am constrained to observe that in this matter, the well established parliamentary customs and conventions as have been delineated in para 2.2 of the Handbook for Members of Rajya Sabha have been disregarded", Naidu said. Venkaiah Naidu consulted Attorney General KK Venugopal, former Supreme Court judge B Sudershan Reddy, constitutional expert Subhash Kashyap before rejecting the notice.

It secured the support of 64 members of the upper house - above the minimum 50 to move a motion - but the vice-president has final say on such motions.

Besides the Congress, MPs of the CPI, CPI (M), NCP, SP, BSP and the IUML were signatories to the notice.

In a tweet, Congress spokesperson and lawyer Abhishek Manu Singhvi said Naidu "expectedly" rejected the impeachment motion and that too within a day of his return to Delhi.

He said this move by Naidu was also illegal because the Chairman of the Rajya Sabha is required to conduct "a full-fledged inquiry" before he announces a decision. "This can't be considered as a wise act", Justice Sodhi said.

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It jeopardizes the judicial system, We will certainly move a petition in the SC to challenge this order. These included Prasad Education Trust case, where an allegation of illegal gratification was made; antedating of an administrative order dated November 6, 2017 which amounts to a serious act of forgery; acquisition of land; and alleged abuse of power for becoming master of the roster.

Sibal also questioned Naidu for the haste in pronouncing this order, saying, "What was the tearing hurry?"

Naidu said the MPs who presented the petition were unsure of their own case.

The actual decision making process started only after the parties submitted the notice on April 20.

The motion was signed by 71 parliamentarians out of which seven members had retired before the motion was submitted to Naidu. "This is truly a fight between forces "Rejecting Democracy" & voices "Rescuing Democracy".

He said the presiding officer of either House, in which the impeachment motion has been moved, does not have the discretion to independently decide about the validity of the motion.

Politicians from India's two biggest parties have clashed over allegations against Chief Justice Dipak Misra, who is accused by opponents of a range of transgressions including illegally acquiring government land and corruption. The Rajya Sabha Chairman can not adjudge the motion, for he has no mandate to decide the merits of the motion.

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