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Vice President M Venkaiah Naidu, using his powers as Chairman of the Rajya Sabha, rejected the notice to move a motion in the Upper House to impeach Supreme Court Chief Justice Dipak Misra. The notice was given by 64 sitting MPs and seven former MPs belonging to seven political Opposition parties.
Naidu, rejecting the notice, said the members themselves were unsure of their own case. In his order, the Vice-President said that the first page of the petition uses phrases such as “the facts and circumstances relating to the Prasad Education Trust case show prima facie evidence suggesting that the Chief Justice of India may have been ‘involved in a conspiracy of paying illegal gratification’. The motion further states with regard to the Chief Justice of India that ‘he too was likely to fall within the scope of investigation’. It further states that ‘the Chief Justice of India appears to have anti-dated an administrative order’,” the Vice President said.
No grounds
He said the use of such phrases by the signatories indicates a mere suspicion, a conjecture or an assumption. “The same certainly does not constitute proof ‘beyond reasonable doubt’, which is required to make out a case of ‘proved misbehaviour’ under Article 124 (4). Conversations between third parties with dubious credentials, which have been extensively relied upon, cannot themselves constitute any material evidence against the holder of the office of the Chief Justice of India,” Naidu said.
The Opposition had said in a statement after submitting the notice that they had presented evidence against the Chief Justice’s alleged misconduct.
Naidu further said that in the absence of credible and verifiable information placed before him “which gives an indication of misbehaviour or incapacity”, it would be an inappropriate and irresponsible act to accept statements that have little empirical basis.
“As heirs to an illustrious democratic tradition and custodians of the present and future of the democratic polity, we should, in my view, collectively strengthen and not erode the foundations of the grand edifice bequeathed to us by the Constitution makers. We cannot allow any of our pillars of governance to be weakened by any thought, word, or action,” the Vice President added.
Experts consulted
Naidu added that to come to decision he consulted legal and constitutional experts, including former secretaries general of the Lok Sabha and Rajya Sabha.
“While taking a decision in the admission of such a notice against one of the senior most constitutional functionaries of the country, one should examine all the factors very carefully and dispassionately, because initiation of such proceedings tends to undermine the faith of the common person in the judicial system. I am also aware that it is imperative that we should have extraordinary, important and substantial grounds for the removal of a judge,” Naidu said.
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