Thursday, 15 November, 2018

Impeachment motion misconceived, meant to intimidate judiciary, says Arun Jaitley

Justice Dipak Misra Justice Dipak Misra
Ellis Copeland | 25 April, 2018, 07:01

Finance Minister Arun Jaitley on Tuesday termed the Congress' decision to move Supreme Court against the rejection of impeachment motion against Chief Justice of India Dipak Misra as "suicidal". "I have also gone through the comments made by former Attorney General, constitutional experts and editors of prominent newspapers which are unequivocal and almost unanimous that the present notice of motion before me is not a fir case for removal of judges", Naidu said in his order.

"We will certainly move a petition in the Supreme Court to challenge this order".

Congress President Rahul Gandhi, who addressed a gathering here on Monday to mark the party's "Save the Constitution" campaign, accused the Modi government of "crushing" and "suppressing" the Supreme Court and asserted that his party would not allow the ruling alliance to derail institutions created by the Constitution.

The Congress leader stressed that never before in India's history had a motion moved by members of parliament been dismissed at the preliminary stage.

Former Attorney General Soli Sorabjee has approved the rejection of the motion, saying the Vice President found no grounds and took the decision after consulting legal experts. The FM's contention was that having failed to get the judiciary to implicate Shah, the Congress was using impeachment as a "political tool" to intimidate the judges.

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Surjewala also recalled how Jaitley had on August 17, 2011 in his then capacity as the Opposition Leader in Rajya Sabha stressed that those occupying high offices must live through the scrutiny of highest standards of probity as the latter spoke on a motion to impeach Calcutta high court judge Soumitra Sen.

The five allegations of "misbehaviour" mentioned in the impeachment notice include a "conspiracy to pay illegal gratification" in the Prasad Education Trust case and the denial of permission to proceed against a retired High Court judge in the same matter, according to Sibal. Sibal asked. He said the order was ill-advised because the chairman is required to consult the CJI, and as it can't be done in this case because the charges are against the CJI, the chairman was required to consult the members of the collegium.

"I have considered the material contained in the notice of motion and reflected upon the inputs received in my interaction with legal luminaries and constitutional experts, I am of the firm opinion that the notice of motion does not deserve to be admitted", Naidu had said in the order.

Read Also: 64 MPs sign motion seeking impeachment of CJI Dipak MisraThe Congress has announced that it will announce its counter strategy at 1.30 pm at a press conference at the party headquarters in New Delhi. But lawyer-politician Somnath Chatterjee, a former Lok Sabha, said Naidu acted in a "hurried manner". "That motion has to be dealt with by the chairman not in his judicial or quasi-judicial capacity; he has to see whether the motion is in order or not have 50 members signed it or not, are their signatures genuine or not genuine".

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