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Congress MPs move Supreme Court over dismissal of impeachment motion against CJI Dipak Misra

Congress MPs move Supreme Court over dismissal of impeachment motion against CJI Dipak Misra

File photo of Chief Justice of India Dipak Misra

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The Congress had lashed out against Naidu calling the move "hasty, illegal and ill-informed"

Two Rajya Sabha MPs Partab Singh Bajwa and Amee Harshadray Yajnik have moved Supreme Court against the dismissal of impeachment motion against Chief Justice of India Dipak Misra.

Vice-President Venkaiah Naidu, who is also the chairman of the Rajya Sabha had rejected the impeachment motion against Misra last month setting off Opposition fire against him.

Naidu had said later that his move was "timely and not hasty", adding that it was in "strict conformity with the provisions of the Constitution and the Judges Inquiry Act of 1968."

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The vice-president had rejected the notice by seven opposition parties, led by the Congress, to impeach the CJI on five grounds of "misbehaviour", saying the allegations were neither "tenable nor admissible".

Senior advocate Kapil Sibal, who is also one of the signatories of the impeachment notice, mentioned the matter for urgent listing before a bench headed by Justice J Chelameswar.

The bench, also comprising Justice S K Kaul, asked Sibal and advocate Prashant Bhushan to mention the matter before the CJIfor urgent listing, citing a Constitution bench judgment on powers of master of roster.

The two leaders who have moved the petition are Congress' Rajya Sabha MPs Pratap Singh Bajwa, who is from Punjab, and Amee Harshadray Yajnik, who is from Gujarat.

Sibal said he was aware of the constitution bench judgment on master of roster but since the impeachment notice concerns the CJI, the senior-most judge of the apex court can order for listing.

"I am aware of the procedure but it can't be mentioned anywhere else. A person cannot be a judge in his own cause. I am just asking for urgent listing and not seeking any interim relief," Sibal said.

The Congress had lashed out against Naidu calling the move "hasty, illegal and ill-informed"

Finance Minister had attacked the Congress over the issue asserting that the party was using it as a "political tool".