In an unprecedented move, over 60 Members of Parliament belonging to seven different opposition parties led by the Congress, have submitted a written petition to Vice President and Chairman of the Rajya Sabha, Venkaiyah Naidu, demanding the impeachment of Supreme Court Chief Justice Dipak Misra. The move comes just a day after the SC dismissed a PIL demanding an SIT probe into the mysterious death of Judge BH Loya.
Of the 71 original signatories to the petition, 7 are retired, making the actual number 64. But the signatories are confident the motion can be moved as only 50 signatures are required for the purpose. According to Article 124 (4) of the Indian Constitution, “A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.”
Word of a possible impeachment motion got out earlier in the day and judges rose at 12 noon. A media gag order was also being considered and the SC reportedly consulted the Attorney General in the matter. Congress leader Ghulam Nabi Azad had reportedly met leaders of other parties to mobilise support for the impeachment motion.
Trouble has been brewing for CJI Dipak Misra ever since January 12, 2018, when in an unprecedented move, four sitting judges of the Supreme Court came out and addressed a press conference alleging nepotism in the apex court. They alleged that the Chief Justice was assigning important and controversial cases only to a select few judges. They feared this cherry picking could have an impact on the judgment in these high profile cases, including the case pertaining to Judge Loya’s death.
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