Congress also lashed out at BJP for coming out in "defence" of the CJI because it "compromises the position and the office of the chief justice as the neutral arbitrator and head of the judiciary"
Congress asked Chief Justice of India (CJI) Dipak Misra on Sunday to recuse himself from judicial and administrative work till he was cleared of allegations of misconduct. This was two days after seven Opposition parties, led by Congress, made an unprecedented move and submitted to Rajya Sabha Chairman M Venkaiah Naidu a notice to seek CJI Misra's impeachment over a host of charges.
Congress sources said that the party may move court if the notice is not taken up by Naidu. The RS Chairman is reported to have sought information if going public with details of such a notice violates rules that govern MPs. Congress leaders had said at a press conference on Friday that the parties had to move the notice with a "very heavy heart" because CJI Misra has not "asserted the independence of judiciary in the face of interference by the executive".
The notice will become a motion only when Naidu takes it up. An impeachment motion has never been moved against the CJI. So far, no judge has been impeached in India, though proceedings have been initiated against some in the past.
Rajya Sabha MP KTS Tulsi said that in case of Justice Dinakaran's impeachment process in December 2009, then Leader of Opposition Arun Jaitley and CPM's Sitaram Yechury had addressed a press conference immediately after a notice was served.
Congress also lashed out at BJP for coming out in "defence" of the CJI because it "compromises the position and the office of the chief justice as the neutral arbitrator and head of the judiciary."
Union Finance Minister Arun Jaitley had said on Friday that the notice was a serious threat to judicial independence and an attempt to intimidate a judge.
"By defending the CJI out in the open, BJP is reducing the stature of his office. Please do not reduce the issue to a fight between BJP and Congress. It is a national issue," Congress' Rajya Sabha MP Vivek Tankha said.
Congress' media in-charge Randeep Surjewala said BJP was doing a great disservice to the independence of the judicial system by defending the CJI. "The CJI must come out and tell BJP not to politicise his office and the impeachment process" he said.
In all, 71 Rajya Sabha MPs have signed the notice, but seven of them have retired. The number is actually 64. However, for any such motion to be moved in the Rajya Sabha, only 50 such signatures are needed. Such a motion can be moved even when Parliament is not in session.
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