Delhi, May 8: Senior Advocate Kapil Sibal on Tuesday withdrew the petition challenging the rejection of the impeachment motion notice against Chief Justice of India Dipak Misra after the Supreme Court refused to give the administrative order by which the five-judge Constitution Bench was formed.
During the hearing, Sibal counsel of the Congress MPs Partap Singh Bajwa and Amee Harshadyay Yajnik, told the apex court that he needed to have a copy of the order on setting up of the Constitution Bench as the petitioners may consider challenging it.
Sibal further stated the matter was listed before a 5-judge Bench through an administrative order and that the Chief Justice of India can’t pass such orders in this matter.
Meanwhile, Attorney General K K Venugopal, appearing for M Venkaiah Naidu, said the CJI had the power to do so.
Following a 45- minutes hearing, the Bench headed by Justice AK Sikri, declared the petition as dismissed as withdrawn.
Two Rajya Sabha Congress Parliamentarians Pratap Singh Bajwa and Amee Harshadray Yajnik had approached the apex court on Monday challenging Vice-President M Venkaiah Naidu’s decision to reject impeachment motion notice against the CJI.
The plea was included in the supplementary list issued by the top court’s Registry on Monday evening.
Yesterday, the bench of Justice J. Chelameswar told senior counsel Kapil Sibal “come back tomorrow” as the latter mentioned the matter for listing for an early hearing, news agency IANS reported.
Sibal told the apex court that since the matter involved the Chief Justice, it could not be mentioned before him.
He also told the bench that rejection of the notice for impeachment raised “serious constitutional issues” and involved interpretation of constitutional provisions.
The petitioner MPs – Pratap Singh Bajwa and Amee Harshadray Yajnik – in their petition said that once the initiation of removal motion is signed by the requisite number of MPs, the Vice-President has no option but shall constitute an Inquiry Committee to investigate the allegations against the CJI.
The opposition had handed over signatures of 71 lawmakers from seven parties on April 20 under Article 217 read with article 124 (4) of the Constitution of India.
Following this, On April 23, Naidu rejected the Impeachment Notice against Chief Justice of India (CJI) Dipak Misra citing lack of substantial facts.