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Sixth senior judge to hear appeal on CJI notice

Sixth senior judge to hear appeal on CJI notice

The decision of Rajya Sabha Chairperson Venkaiah Naidu to reject the notice of motion for removal of Chief Justice of India Dipak Misra has been challenged in the Supreme Court. Justices AK Sikri, SA Bobde, NV Ramana, Arun Mishra and AK Goel of the Constitution bench will hear the petition on Tuesday. Justice Sikri is judge number six in the Supreme Court.

The next four senior-most judges - who along with the Chief Justice make up the collegium - would also have found it hard to sit on judgment as they had complained at an unparalleled media conference in January about the way in which Justice Misra was allocating cases.

"The rejection seems to be motivated by political consideration beyond the constitutional scheme which is buttressed by the fact that one of the charges against the Chief Justice is that he has been partial in assigning political sensitive cases pertaining to the ruling party before particular benches of this Hon'ble Court in order to get a predetermined outcome", claimed the petition.

This sudden development comes after the matter was mentioned today before Justice Jasti Chelameswar.

While Justice Chelameswar initially asked him to mention the matter before the CJI, the bench, also comprising Justice S.K. Kaul, later asked Sibal and advocate Prashant Bhushan to "come back tomorrow". "The procedure is simple, but if Your Lordship wishes to depart from it, I have nothing to say".

"We can not allow any of our pillars of governance to be weakened by any thought, word or action", said Naidu, ascribing his quick decision to the severity of the charges directed at the Chief Justice.




He also said that the Parliament was supreme in its own jurisdiction and its process can not be subjected to judicial review and "impeachment" motion was filed on untenable grounds for a collateral objective to intimidate the CJI and other judges.

The petitioners had asked for an urgent listing but no such orders were passed. I have practised in this court for past 45 years. But this petition is against the CJI, who can not decide its listing.

The bench asked Sibal and Bhushan to mention the matter before the chief justice of India for urgent listing, citing a constitution bench judgement on the powers of master of roster.

In this evening, it had been confirmed the main Justice is not going to hear the petition, and would be the four candidates that position correctly after him, including Just-Ice Chelameswar, since they'd openly proclaimed him accused him of abusing his stance as "grasp of this roster".

On 23 April, Naidu rejected the Congress-led opposition parties' notice to remove the CJI saying it lacked substantial merit.

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