In his order Vice President, who is also Chairman of the Rajya Sabha, ruled that there should be “extra ordinary, important and substantial ground for the removal of a Judge”.
Our Correspondent / New Delhi
In a major setback for opposition parties, Vice-President M Venkaiah Naidu today rejected the impeachment motion moved by them against the Chief Justice of India, Dipak Misra.
“I have come to conclusion that this motion does not deserve to be admitted”, Mr Naidu wrote in his 10-page order.
Mr Naidu said he has held “detailed personal conversation” with some of the former Attorney Generals, former Secretary Generals of both the Houses, and eminent jurists before taking the decision.
“I have considered each of the allegations individually as well as collectively in the light of annexures annexed to the notice of the motion but also in the light of cogent, relevant material in the form of judicial orders passed by the apex court of the country”, he said.
Mr Naidu also lamented that the content of the motion placed before him as the Chairman of the Rajya Sabha, was discussed in the media by the opposition members and this was in violation of the Parliamentary customs.
“This act of members of discussing the conduct of the Chief Justice in the press is against propriety and Parliamentary decorum as it denigrates the institution of the CJI”, Mr Naidu said.
The opposition parties led by the Congress on Friday had moved an impeachment motion against the Chief Justice saying there was an “act of misbehavior by Justice Misra, to deny permission to prosecute Allahabad high court judge Narayan Shukla”.
The Allahabad judge was ‘alleged’ to have delivered a favourable judgement for a Lucknow-based educational trust.
The opposition petition signed by 64 MPs from Congress, NCP, CPI(M), CPI, SP, BSP and IUML, also cited the incident wherein the Justice J Chelameswar was asked by the Chief Justice not hear a matter related to a CBI case on Lucknow based Prasad Education Trust.
Another charge against Chief Justice said that he had “abused” his powers in choosing to send sensitive matters to particular benches by “misusing his authority as the master of the roster”.
In his order, the Vice President, who is also Chairman of the Rajya Sabha, ruled that there should be “extra ordinary, important and substantial ground for the removal of a Judge”.
He said, admission of the notice of impeachment was neither desirable nor proper.
“While taking a decision in the admission of such a notice against one of the senior most constitutional functionaries of the country, one should examine all the factors very carefully and dispassionately because initiation of such proceedings tend to undermine the faith of the common person in the judicial system”, Mr Naidu said.
In fact, there were some differences within the Congress also on making the move for impeachment motion against Chief Justice Misra as former Prime Minister Dr Manmohan Singh did not sign the motion.
A former Law Minister in Manmohan Singh government Ashwani Kumar said the move will be “counter-productive” and maintained that the remedy need not be worse than the malady itself.
Former Union Minister Salman Khurshid, also a lawyer, had said that he was “saddened” at the developments.