NEW DELHI: A Congress-led opposition bloc submitted a petition to the
Rajya Sabha chairman on Friday seeking the removal of Chief Justice of India Dipak Misra on grounds of alleged improprieties, including favouritism in allocating cases to benches in the Supreme Court — an unprecedented step that is set to escalate the political confrontation between the ruling BJP and the opposition, besides keeping the spotlight trained on a lacerating rift in the top judiciary and its alleged politicisation.
Leader of the opposition in the Rajya Sabha Ghulam Nabi Azad, along with leaders of CPI and NCP, met Vice-President and RS Chairman
Venkaiah Naidu at his residence to submit the petition.
It is the first time that a removal petition has been moved against a CJI. It is unlikely to pass muster because the movers lack the strength — the support of a majority of the total membership as well as two-thirds of those present and voting — in both Houses. In fact, there is little likelihood of Naidu accepting it.
While the petition was signed by 64 MPs (71 signatures, of which seven have retired) from seven parties, Azad said it was also on behalf of “parties who have not signed the motion”, suggesting that the move had wider backing in the political camp than the thin support indicated on paper. The parties to sign the notice were
Congress, NCP, CPM, CPI, SP, BSP and the Indian Union Muslim League.
Azad’s comment appeared an attempt to pre-empt criticism that the party had failed to win over allies in the drastic move.
Trinamool Congress did not sign the petition despite several attempts by Congress while DMK withdrew its name — a reason why the removal push was paused during the
Parliament session. Coming a day after the SC rejected PILs seeking investigation into Loya’s death, the opposition move lent itself to political interpretation. However, Azad termed it a coincidence, saying the appointment with Naidu came through a full week after it was sought.
Loya, who died in allegedly mysterious circumstances, was hearing the Sohrabuddin Sheikh encounter case in which BJP chief
Amit Shah was discharged. The political slugfest is only likely to worsen with both sides appearing willing to spar on the sensitive issue.
At a press conference featuring Azad, Kapil Sibal, D Raja (CPI), Vandana Chavan (NCP) and KTS Tulsi (lawyer MP), the leaders said questions were raised about CJI Misra’s judicial and administrative decisions since the day he was appointed to the top post. Sibal pointed to the sensational January 12 presser of the four most senior SC judges to argue that there were rumblings within the top court over CJI Misra’s exercise of powers.
He added that the opposition had waited for three months for the CJI to remedy the situation, but two SC judges had recently written letters lamenting that the CJI had not asserted the independence of the judiciary in the face of interference by the executive. “Since there is no other way to protect the institution except to move a removal motion, we have done so with a heavy heart,” Sibal said. The opposition listed five cases of misbehaviour against the CJI.
The first relates to the manner in which CJI Misra dealt with bribery allegations in the Prasad Education Trust case related to medical admissions in which retired judge of Orissa HC judge I M Quddusi was arrested. In the petition, Congress and the others claimed there were references to CJI Misra in the conversations between Quddusi and a middleman who promised promoters of a medical college that he could organise relief from the Allahabad HC.
