Opposition motion a 'revenge' petition, says Arun Jaitley


"We have moved an impeachment motion for removal of CJI Dipak Misra under five listed grounds", Azad told after meeting Vice President Naidu. In particular, they do not want a decision on the Ram Mandir case as a decision in favor of the Ram temple could well spell a Congress route as their carefully cultivated Muslim vote bank would just fritter away. They belonged to the main opposition Congress Party, the Communist Party of India and Samajwadi Party - a powerful regional party in the key northern state of Uttar Pradesh - and four other parties.

The Minister said that work on the Rs 2,573.31 crore Ring Road project too was on track.

"The motion, to pass, will require two-thirds majority in both the Houses and the opposition does not have the numbers".

In case he finds merit, then he may form a committee to look into it, else he can reject it.

The second related to the CJI having dealt with the trust case on the administrative side and the third related to alleged antedating of a matter "which is a very serious charge".

That Chief Justice Dipak Misra acquired land when he was an advocate, by giving an affidavit that was found to be false and despite the orders of the ADM cancelling the allotment in 1985, surrendered the said land only in 2012 after he was elevated to the Supreme Court.

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Asked why members of other opposition parties had not signed the motion, former Law Minister Kapil Sibal said the motion was not moved by political parties but by individual members. The court, while commenting on the matter, said that things which happened in recent days is disappointing. The power of impeachment under our Constitution is a part of an inter-institutional accountability.

Accusing the Congress of using impeachment as a political tool, Finance Minister Arun Jaitley today termed its notice to remove Chief Justice of India Deepak Misra a "revenge petition" after the Supreme Court's judgement in Judge Loya death case had "exposed" the conspiracy of falsehood. The political clamour for the Chief Justice's impeachment started afterwards.

Section 124 (4) of the Constitution outlines the process of impeachment for the Chief Justice of India on the ground of "proven misbehaviour or incapacity".

Apparently referring to the controversial January 12 press meet by four senior-most apex court judges - J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph - who raised issues that were reflected in the impeachment notice, he said discontent among the judges of the top court did not justify the move. The charges read out are issues those which have been settled by judicial orders or by precedent. "It is unsafe as such frivolous motions can be carried out if they (MPs) had the numbers to impeach a judge", he said. During the course of the debate, the CJI could defend the charges levelled against him before the MPs - either in person or through a counsel who would represent him.

No judge in the history of the Republic of India has been impeached, let alone the Chief Justice of India has been impeached so far. "Democracy can thrive only when our judiciary stands firm, independent of the executive, and discharges its constitutional functions honestly, fearlessly and with an even hand", Sibal said. There is hope because millions of Indians can see the truth.