5-judge SC bench to hear petition for CJI impeachment on Tuesday

5-judge SC bench to hear petition for CJI impeachment on Tuesday

5-judge SC bench to hear petition for CJI impeachment on Tuesday

While Justice Sikri, who will head the bench, is No. 6 in the seniority list, others follow him in the sequence of seniority.

The senior-most judges - Justices J Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph - have been kept out of the matter. "It would be appropriate if you mention the matter in court number 1 before the bench of CJI".

Justice Kaul asked Sibal, who has drafted the petition, whether the plea had been numbered.Sibal replied that they have filed a petition in the Registry but they are not willing to number it."The procedure of this court is very simple". Senior advocate and Congress MP Kapil Sibal sought an urgent hearing before justices Chelameswar and Sanjay Kishan Kaul. Justices Bobde and also Ramana are equally in line for Chief Justice.

Earlier, over 70 MPs of the Rajya Sabha belonging to seven political parties gave the notice for the impeachment against the CJI.

Sibal "requested" the court to pass some orders on when the petition is to be heard and who can hear the matter.

"The Chairman/Speaker has to ensure that the signatures of 50 Members of the Rajya Sabha/100 members of the Lok Sabha as the case maybe, is in order and consequently refer the same to the Committee as contemplated under Section 3 (2)".

The appeal says that the Vice-President's decision was "illegal and arbitrary".

Sibal told the court that since the matter involved the Chief Justice of India, it could not be mentioned before him.


The Bench appeared non-committal, saying it would "discuss" the issue and had asked the lawyers to "come back tomorrow". "We will see", the bench said.

Two Rajya Sabha Congress MPs, Partap Singh Bajwa from Punjab and Amee Harshadray Yajnik from Gujarat, on Monday moved the SC challenging the rejection of the notice against Misra by Naidu, claiming that the reasons given were "wholly extraneous" and not legally tenable.

A five-judge constitution bench of the apex court had on November 10 past year categorically stated that the chief justice of India was the "master of the roster". Sibal had said that this writ could not be mentioned anywhere else. "A person maynot be considered a judge in his own cause", he explained.

The petitioners had asked for an urgent listing but no such orders were passed. The CJI will not be a part of the bench, CNN-News 18 reported.

The party had moved the apex court on Tuesday, days after Naidu dismissed their motion seeking the removal of CJI Dipak Misra. This was the first time that a notice for the removal was filed against a sitting CJI.

The petitioners argued that it is not the chairman's prerogative to adjudicate over whether there has been any abuse by the CJI of his power as the master of the roster, as this is the job of an inquiry committee.

The Congress in its petition said the decision to reject their impeachment motion by the Vice President reflected "serious infirmity".

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