Congress withdraws plea challenging rejection of CJI removal move

Two Congress MPs withdrew their plea challenging the rejection by Rajya Sabha chairman of a removal notice against Chief Justice of India Dipak Misra.

The petition was withdrawn after the court refused to give Kapil Sibal, who is representing the Congress MPs, a copy of the administrative order issued by the CJI for setting up the bench.

The five-judge bench said it was willing to hear Sibal on merits of the petition, but the senior lawyer and Congress leader insisted that he will not argue unless he is given a copy of the order.

Attorney General KK Venugopal questioned the maintainability of the petition, saying it was maintainable because seven political parties had moved the vice president but only two Congress MP moved the top court.

After a 45-minute hearing, Sibal said he was withdrawing the petition following which the bench headed by Justice AK Sikri declared the petition dismissed.

The two Congress Rajya Sabha MPs, Pratap Singh Bajwa and Amee Yagnik, had on Monday moved the Supreme Court challenging vice president Venkaiah Naidu’s rejection of an opposition motion seeking the removal of the CJI.

The petitioners in their plea argued that once a removal motion signed by MPs is submitted to the Rajya Sabha chairman, he has no option but to constitute an inquiry committee to look into the charges.

The Congress and six other opposition parties had last month moved a notice for the removal of Chief Justice Dipak Misra alleging five grounds of “misbehaviour”. However, Naidu rejected the notice holding that the allegations lacked merit.

(With agency inputs)