Two Congress MPs (Partap Singh Bajwa and Amee Harshadyay Yajnik) challenging M Venkaiah Naidu, Vice-President and Rajya Sabha Chairman’s decision to reject an opposition motion seeking removal of Dipak Misra, Chief Justice of India was “dismissed as withdrawn” by the Supreme Court on May 8.
This petition deals with the removal of the CJI.
The petition had appeared in the Apex Court’s and was presented on May 8 before the five-judge Bench, comprising Justices Ak Sikri, S.A. Bobde, N.V. Ramana, Arun K Mishra and A.K. Goel.
Senior advocate Kapil Sibal, counsel of the two Congress MPs said that he was withdrawing the petition after the Constitution bench refused to give the petitioner details of the administrative order passed in constituting the bench.
“Here there is no judicial order formulating the question of law. This morning at 10.29 a.m., a minute before the hearing, the Registrar tells my advocate that the case is before this Constitution Bench,” Sibal said.
However in response, the court asked him to argue on merits of the petition, but the Congress leader was adamant that he would first see the order and decide if it should be challenged or not.
“We filed the petition in SC (challenging VP Naidu’s dismissal of impeachment motion against CJI) yesterday and it was to be heard today. But we were informed last evening that our petition will be heard by five judges. Who gave these orders? What were the orders?” the Congress leader asked while addressing a press conference shortly after withdrawing the petition.
“Who referred the petition to the five-judge bench? It is our constitutional right to know,” he added.
