NEW DELHI: A Pune-based NGO has moved the Supreme Court seeking framing of guidelines for moving motion of removal against any judge of a constitutional court in Parliament while claiming that prolonged discussion in public on a draft removal motion tends to have a 'chilling effect' on the judge and constitutes 'an assault on the judiciary'.
Referring to the widely circulated draft removal motion against CJI Dipak Misra by Congress and the party's public statements about garnering support for its move, PIL petitioners - NGO '
In Pursuit of Justice' and advocate
Shirin Merchant - said, "The entire discussion and statements of parliamentarians regarding their intention to initiate removal proceedings against the SC judge in public and a public declaration about 'signature campaign' in this regard has sullied the image of the judiciary and amounted to intimidating and interfering in the effective administration of justice."
The PIL, filed through advocate Neela Gokhale, drew the court's attention to Article 121 of the Constitution, which bars parliamentarians from discussing conduct of a judge or performance of duties by him except when the House is discussing a removal motion against him after a committee appointed by the House to inquire into the charges against the judge returns a finding that he was guilty and should be removed.
"Therefore, when the Constitution prohibits discussion of conduct or performance of duty of/by a judge, even inside Parliament, no one could be permitted to accuse a constitutional court judge of misbehaviour or incapacity except in accordance with the procedure mandated by the Constitution," the PIL said.
It said in the absence of guidelines or modalities prior to moving of removal motion against a constitutional court judge, discussion about charges against the judge in public or about steps being taken to build consensus with other political parties on draft removal motion posed a serious threat to the independence of judiciary as it would have a chilling effect on the judges and severely undermine their independence.
"If no remedial action is taken to arrest this completely mala fide assault on the judiciary and scurrilous and scandalous comments, especially about judges who enjoy high respect in their work, it will cause irreparable damage and injury to the independence of judiciary and administration of justice," the petitioners said.
It narrated the unfolding of events hours after the January 12 press conference by four rebel SC judges led by Justice J Chelameswar, as it was reported by the media that 'a senior leader' of Congress confirmed that he has reached out to other parties to consider removal of the CJI. Quoting TOI reports through the next two months, the PIL constructed the political move crystallising to Congress party leading the proposed move for removal of the CJI.
