"None of the reasons given by the Chairman (Venkaiah Naidu)... carry any weight or are legally tenable".
The primary ground for challenge is that Naidu's decision is ex facie illegal and contrary to the mandate of Articles 124 (4) and 124 (5) of the Constitution and the provisions of the Judges Inquiry Act.
"In the absence of a full-fledged inquiry, it is not possible to return any findings on the same".
As many as 64 members of the Rajya Sabha, belonging to seven political parties, signed the notice for impeachment proceedings against the CJI. Vice President Venkaiah Naidu could constitute a committee to look into the issue.
"It is odd that when the motion related to the impeachment of the Chief Justice, the chairman deemed it fit to consult legal luminaries, constitutional experts, former secretary generals, former law officers, Law Commission members and eminent jurists but had not thought it appropriate and fit to consult the judges of the Supreme Court of India". He states that there was no substantial merit in it.
Who are the five judges part of the Constitution bench which will hear Congress' plea?More news: Why Buhari stopped over in London from US - Presidency
More news: Pakistan PM Abbasi condemns Khawaja Asif's disqualification
More news: Toure to leave Man City at season end: Guardiola
Allegations against Misra include involvement in a conspiracy to pay bribes in relation to a medical admission scam, dealing with a case in which he was likely to fall under the scope of an investigation, antedating an administrative order and abuse of administrative power in allocating cases in the Supreme Court.
Advancing his arguments, Sibal said "I am aware of the procedure but it can't be mentioned anywhere else".
Sub-Section 1 of Section 3 of the Judges Inquiry Act says: "The Speaker or, as the case may be, the Chairman may, after consulting such persons, if any, as he thinks fit and after considering such materials, if any, as may be available to him, either admit the motion or refuse to admit the same". I have practised in this court for past 45 years. "If a matter can not be mentioned before the CJI then it is supposed to be heard here".
Seven opposition parties led by the Congress had in April third week moved a notice before the Chairman for impeachment of the CJI on five grounds of "misbehaviour".This is the first time that an impeachment notice has been filed against a sitting CJI. If the chief justice is disabled, where do we go?
It was not immediately clear as to who has constituted the bench and assigned the matter to it.