Cong MPs move SC challenging rejection of impeachment notice against CJI

Two Congress MPs today moved the Supreme Court to challenge the rejection of the impeachment notice against Chief Justice of India Dipak Misra by the Rajya Sabha chairman on the ground that there was "no proved misbehaviour".

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 chief justice of India for urgent listing, citing a Constitution bench judgment on powers of master of roster.

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

Both Justice Chelameswar and Justice Kaul went into a huddle and asked Sibal and Bhushan to come tomorrow so they could take a call on the issue.

Sibal said he was aware of the constitution bench judgment on master of roster, and added that 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.

He said the CJI cannot order for listing, therefore the senior-most judge of this court must pass some orders as it was a matter of constitutional importance.

According to Sibal, this type of situation had not arisen before and the court should pass an order on who would deal with the matter and how it would be dealt with.

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. I have practised in this court for past 45 years. The Registrar can't take orders from the CJI in this matter. The CJI can't delegate its master of roster powers to the Registrar. All I am asking Justice Chelameswar to consider this," Sibal said.

Justice Chelameswar replied, "I am on the verge of retiring."