The Congress on Thursday said the option of moving an impeachment motion against Chief Justice of India Dipak Misra is still open and added that it will be a very sad day if the opposition has to take that step.
"We are very very concerned about what is happening in court (in the Supreme Court). The issues, which were raised by four SC judges, have not been addressed yet. We believe the option (impeachment) which is available to us is still open," senior party leader and noted lawyer Kapil Sibal told reporters.
He was asked whether the Congress would move an impeachment motion against the CJI.
Asked why the motion was not moved during the just-ended budget session of Parliament, he said: "Nothing has come in the way. This is not some instant coffee. we are dealing with an institution.
"..And I want to make it very clear that it will be a very sad day if the opposition has to take that step. It will be with a very heavy heart but that does not mean that the opposition has foreclosed that option," Sibal said.
"We are as concerned about the independence of the judiciary as anybody else, but we want to protect the institution. We mean the people of India must protect this institution from the kind of gross interferences by the government and be protected also from within.
"So, we have to wait. This is a serious matter and if we think about it, calmly, coolly, look at all the possible consequences and then come to a conclusion," he added.
Asked about reservations shown by DMK about impeachment, Sibal said: "You require 50 signatures of the Rajya Sabha and 100 signatures in the Lok Sabha. That is all you require. The law does not say that every opposition party must be represented."
During the session, the Congress had initiated a drive collecting more than 50 signatures of the Rajya Sabha members in a bid to table the motion, but there were reservations from parties like the Trinamool Congress. The Congress kept the move on hold, saying it wanted to get as much support as possible from other parties.
Sibal also said judiciary, which had made great contributions in the past, stood at its nadir now.
"The fact that one sitting judge, who is one of the senior most and part of the collegium, has to write to all the judges and say you form a bench of seven distinguished senior-most judges to ensure that our recommendations are implemented, especially in the context of Chief Justice K.M. Joseph and Indu Malhotra," said Sibal.
"...And the fact that the judiciary is not taking action on it is a matter of grave concern. If there is an attempt to block that recommendation, the CJI and the seniormost judges must not only resist it but ensure that their recommendation is implemented," he added.
Sibal also urged the CJI and the entire court to stand together and ensure that their appointments were implemented by using the processes of law.
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