Disturbed about impeachment discussion in public: SC

Satya Prakash

Tribune News Service

New Delhi, April 20

Observing that it was “very disturbed” at the public statements by MPs on the move to impeach Chief Justice of India Dipak Misra, the Supreme Court on Friday sought assistance of Attorney General KK Venugopal to decide a PIL seeking guidelines to regulate the procedure to be followed prior to initiating a motion to remove an apex court judge.

It was “very unfortunate” that despite knowing the law that till a certain point, the issue of impeachment cannot be made public, the politicians were holding public discussions, a Bench of Justice AK Sikri and Justice Ashok Bhushan said requesting Venugopal to assist it in the matter.

The Bench, however, refused to gag the media at this stage from publishing or telecasting any information relating to the discussions and deliberations on removal of judges of either the apex court or high courts.

The petitioner—‘In Pursuit of Justice’ – an NGO said a draft motion for removal of the CJI was released to the press on March 27 which had an effect of intimidating the judiciary.

As senior counsel Meenakshi Arora wanted the Bench to restrain the media from publishing such public statements, the Bench said, “The law is very clear. Everybody knows the law. Even legislature knows the law. Can we take it up on the judicial side…that is what we have to see”.

The proceedings took place barely few hours before the Congress and other Opposition parties submitted a notice to Rajya Sabha Chairman M Venkaiah Naidu for initiating impeachment proceedings against CJI Dipak Misra.

The Bench sought Venugopal’s assistance in deciding the petition which demanded guidelines to regulate the procedure to be followed prior to initiating a motion for removing a judge of the top court.

“We all are very disturbed about it,” Justice Sikri said asking the Attorney General to assist it in the matter which will now be taken up on May 7.

The move came a day after a three-judge Bench headed by CJI Misra dismissed petitions, including one from Congress leader Tehseen Poonawalla, for a court-monitored independent probe into the death of special CBI Judge BH Loya, who was hearing Sohrabuddin Sheikh fake encounter case in which BJP President Amit Shah was discharged by the trial court.

On behalf of ‘In Pursuit of Justice’ – an NGO, Arora said politicians were making all kinds of public statements about removal of a judge without there being any motion in this regard before Parliament.

There can be no discussion (about removal of a judge) till a point because that will have a serious impact on the functioning of the judge concerned… We are divided on polarised lines…Politics is divided on it,” Arora said.

“This is very unfortunate what is happening,” said the Bench.

Arora said a judge has to perform his duties “fearlessly” and such public statements cannot be made by the politicians like this.

The petitioner sought laying down of guidelines or modalities regulating procedure to be followed by MPs, desirous of initiating proceedings for removal of a judge of the Supreme Court or a high court, prior to initiating a motion under Article 124(4) and (5) and 217(1)(b) of the Constitution.