The motions fate notwithstanding

1399/11/8
6:33
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Senior judges of the Supreme Court  are calling for a meeting to discuss the court’s future, while others are asking for action to protect the judiciary from undue interference from the government. Impeachment of the CJI is tortuous process made expressly so by the Indian Constitution to protect the CJIs office from exactly these kind of machinations that are now unfolding. Sonia Gandhi and Mr Rahul Gandhi if Kapil Sibal, Abhisekh Manu Singhvi, P.We therefore have a situation where legal eagles believe the act of setting the motion for CJIs impeachment has no moral, legal or ethical standing.

It also hands Congress the chance to cast aspersions on verdicts and undermining the moral authority of the judiciary. The motion, whether it is thrown out or not, will serve as a rhetorical and political pressure on the office of the CJI ahead of verdicts in politically sensitive cases such as the Ayodhya, Rohingya and PILs on Electoral ReformThe second reason is Intimidation tactics.PIL seeking ban on higher denomination currency above Rs 100/- and restriction on cash transaction above Rs 10,000 rupees is also pending before the Chief Justice of India. Have these conditions been met? A CJI is not above the law, he can be impeached, but only on grounds of serious misbehavior. It will be an irreparable loss to the Congress party and particularly to Mrs. Kejriwal were also transferred in Special Courts to decide within year but he publicly apologized and mutually settled his matters.  Senior Congress leaders are arguing in support of illegal Rohingya immigrants on the human rights grounds. Two Special Courts have been established in Delhi and matters related to the Legislators including the National Herald case have been transferred 600D fabric for early disposal.Congress misguided and audacious attempt to impeach the Chief Justice of India the very next day after the Supreme Court delivered a decisive verdict on the Judge Loya case shows that Indira Gandhis spirit still resides safe and strong in her grandson. When the rules of the game are inverted then the ones who are undermining democracy pose as its saviors. The motions fate notwithstanding, the move is sure to generate heat and noise in media. It will harm the independence of the judiciary and will be detrimental for Indian democracy..According to Article 124(4) of the Constitution of India: "A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehavior or incapacity.

If you try to impeach the CJI on grounds like this, then, the very independence of the judiciary will be at stake. And yet, Congress cites impeachment as the "only remedy" to save Indias democracy. A PIL seeking ban against the person from contesting elections, if charges have been framed against him in serious cases, is also pending before the five Judges bench headed by the Chief Justice itself.PIL to detect, detain and deport all illegal immigrants including Rohingyas and Bangladeshis, is pending before the Chief Justice of India and is listed for final hearing on May 9. We know very well how Congress party and particularly Rahul Gandhi had opposed the demonetization. Two senior legal eagles, holding opposite views caution against diminishing the primacy of the judiciary, the last recourse of the common man.This attempt to browbeat the Chief Justice of India and undermine the judiciary has little chance of succeeding not merely because Congress, its political cohorts, and fellow travellers lack the numbers, but also because the fabric of democracy is strong enough to withstand these assaults, especially when such moves underlie a diabolical motive. It is pertinent to mention that Rahul Gandhi and Sonia Gandhi are on bail in National Herald Case and the matter has been transferred in Special Court for speedy disposal.The Chief Justice of India is hearing the Ayodhya Case and declined Congress leaders request of adjournment.  The Congress is sending a subliminal message to the judiciary that if verdicts are not to its liking, it knows ways in which judiciary can be arm-twisted to fall in line. Senior jurist Fali Nariman said Government of India Act in 1935 gave CJI the authority for being Master of the Roster and he certainly could not be impeached for invoking the authority the position gave to him. Chidambaram, KTS Tulsi and Tankha etc would be restricted from practicing the Law.Undoubtly, it is also a very sensitive matter and will affect political scenario. Who will defend their National Herald Case?PILs seeking ban on Polygamy, Nikah-Halala, Nikah-Mutah, Nikah-Misyar andSharia Courts have been accepted by the Supreme Court and the three-judge bench headed by the Chief Justice of India has referred it to the Constitution Bench. In both cases, it hopes to gain a political fillip from the controversy.

A separate PIL seeking linking of Aadhaar with Election Identity Card and documents of movable and immovable property is also pending before the CJI.It doesnt require foresight to understand the motivations behind impeachment motion.PIL seeking ban on Legislators from practicing other professions particularly practicing as an Advocate is pending before the Chief Justice of India and is likely to be listed on May 4.The controversy over the move to impeach the Chief Justice of India by opposition parties has only deepened the judicial divide. Congress claim that it is motivated by a higher ideal in bringing the impeachment motion is spurious."Moreover, there has to be iron-clad ground of misbehavior on the part of the CJI for such a move to be initiated. Just as India paid the price for Indiras folly, so are we to experience another dark chapter in democracy authored by her grandson. If the Supreme Court will allow this petition,   convicted politicians like Lalu, Chautala and others will be barred from politics. A crisis is at hand, triggered by an opposition outcry over a perceived cover-up of the Loya case, worsened by the government sending back a recommendation that Justice Joseph be elevated to the SC.The third reason is the Media debate. There are three reasons behind the ill-conceived step: First reason is pressure tactics.PIL to debar convicted person from forming political party and becoming a political office bearer is pending before the Chief Justice of India and is listed for final hearing on May 3."Fair is foul, and foul is fair", uttered the three witches in William Shakespeares Macbeth. Like the Triple Talaq, it is also a politically sensitive case. The unprecedented impeachment notice against the CJI initiated by the Congress is similarly a sad attempt by a cornered leader is systematically undermining every democratic institution to compensate for his inadequacy.  PIL to setup one Special Court in each district to decide the cases of Legislators within one year is also pending in the Supreme Court. I have no hesitation to say that Congress is not only trying to pressurize the Chief Justice of India but also the Judiciary. The five Judges Bench headed by the Chief Justice of India is hearing the Aadhaar case and Congress leaders are opposing it on the ground of right to privacy. The Congress was well aware that it will suffer a sorry defeat.At present, many important and politically sensitive matters are pending in the Supreme Court, which may change the entire political scenario. Presently, there is no restriction on becoming a political office bearer. Defamation cases against Mr.Serious misbehavior cannot be concluded from the fact that certain orders of his were wrong, that is not correct.


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