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‘Don’t muzzle Constitution’

The BJP said that some vested interests are propagating a harm to the institution in political interest because they seem to be out of power. 

IMAGE: Prime Minister Narendra Modi with Chief Justice of India Dipak Misra at the valedictory function of the National Law Day celebrations in New Delhi on November 26, 2017. Photograph: PIB

The Congress on Monday slammed Rajya Sabha Chairman M Venkaiah Naidu’s decision to reject the impeachment notice against Chief Justice of India Dipak Misra and said the fight is between forces “rejecting democracy” and voices “rescuing democracy”.

All India Congress Committee media-in-charge Randeep Singh Surjewala said that within hours of 64 MPs submitting the impeachment notice, Arun Jaitley, the Leader of Rajya Sabha, had expressed “naked prejudice” by calling it a revenge petition “virtually dictating the verdict” to the Rajya Sabha chairman on that day.

“If all charges were to be proved before inquiry as RS Chairman suggests, Constitution & Judges (Inquiry) Act will have no relevance. Don’t muzzle Constitution

“Constitutional process of impeachment is set in motion with 50 MP’s giving the motion. RS Chairman can’t adjudge the motion, for he has no mandate to decide the merits of the motion. This is truly a fight between forces ‘Rejecting Democracy’ & voices ‘Rescuing Democracy’,” Surjewala said.

In a tweet, Congress spokesperson and lawyer Abhishek Manu Singhvi said Naidu “expectedly” rejected the impeachment motion against Chief Justice Misra and that too within a day of his return to Delhi.

Welcoming the decision, Bharatiya Janata Party spokesperson Meenakshi Lekhi said the vice-president, who is also the ex-officio chairman of the Rajya Sabha, applied his mind and gave a detailed order.

“I must express my gratefulness to the vice-president who has applied his mind and gave a detailed order. The second aspect is regarding the complaint itself. It is a major wrong. The language itself in which it has been drafted says it appears, prima facie it appears, it looks.

“Plus, there is a division on this within the Congress party only goes to show that some vested interests are propagating these kinds of harm to the institution in political interest because they seem to be out of power,” she said.

BJP MP Subramanian Swamy also hailed Naidu’s decision.

“The vice president should have rejected it (impeachment notice) the day it was filed because the content of the notice was made public,” Swamy said after coming out of the CJI’s courtroom.

The BJP leader was among the first few litigants to mention their respective petitions for urgent hearing.

He had mentioned for urgent hearing of his plea seeking enforcement of his fundamental right to worship at the disputed site at Ayodhya in Uttar Pradesh.

“Anyway, it’s a good decision,” he said on the rejection of impeachment notice. 

Naidu has rejected the notice given by opposition parties led by the Congress for impeachment of CJI Misra, citing lack of substantial merit in it.

The Nationalist Congress Party whose MPs also signed the notice of impeachement that was given to the chairman of Rajya Sabha, said he had “erred” while giving the order.

“The chairperson rules that the petitioners (MPs) are not sure about themselves. With respect, I would say that he has erred there because definitely the petitioners, who have moved the petition, are not sure about it and therefore they would want an enquiry,” NCP MP Majeed Memon said.

He said the investigation would have examined the extent of truthfulness in those apprehensions.

Source: Rediff