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Fresh Opposition bid to dislodge CJI Dipak Misra

Fresh Opposition bid to dislodge CJI Dipak Misra

In an expected move, The Opposition parties on Friday tabled an impeachment motion in the Rajya Sabha seeking the removal of The Chief Justice of India, Dipak Misra.

Apart from The Congress, seven other opposition parties too have supported the move.

This is believed to be a reaction to The Supreme Court refusing to conduct a fresh probe in the Judge Loya Death Case.

The development came after a delegation of political parties met with Rajya Sabha Chairman Venkaiah Naidu at his residence earlier in the day.

"We have moved an impeachment motion seeking the removal of CJI Dipak Misra under five listed grounds of misbehaviour. We have sought his removal under Article 217 read with article 124 (4) of the Constitution of India," Leader of opposition in the Upper House Ghulam Nabi Azad told media.

The Congress leader further stated that 64 sitting members of the House signed the motion, against the minimum of 50 required for a motion to be entertained by the chairman.

"71 MPs had signed the impeachment motion but as seven have retired the number is now 64. We have mentioned this in the letter. We have more than the minimum requirement needed to entertain the motion and we are sure that the Honourable Chairman will take action," Azad said.

The opposition parties, in a letter to Rajya sabha Chairman Venkiah Naidu elaborated on their charges against the CJI.

Kapil Sibal read aloud the letter and said, "Since Chief Justice Dipak Misra was appointed to the high office, there have been situations when questions have been raised about the manner in which he has dealt with certain cases and taken certain administrative decisions."

In reference to the sensational press conference of the four senior judges of the top court on January, Sibal added, "There have been internal rumblings resulting in open discord amongst judges in the Supreme Court."

Sibal further recalled that one of the concerns expressed by the judges, in an open letter, was about attempts to unsettle through a judicial order the Memorandum of Procedure which stood settled.

"The judges had stated that for some time, the administration of the Supreme Court has not been in order and many things which are less than desirable have been happening and also tried to collectively persuade the Chief Justice that certain things are not in order and that he must take remedial measures. They lamented that their efforts had failed and all four of them were convinced that unless the institution is preserved, democracy will not survive in this country. When asked, they expressed dissatisfaction at the manner in which Late Judge Loya's case was being dealt with at the time," the letter read.

Sibal concluded that the judiciary's independence was under threat, alluding to the functioning of the office of the CJI.

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