"Based on all this, I have come to the conclusion that this motion does not deserve to be admitted.On careful analysis and reflection, I find there is virtually no concrete verifiable imputation", he said.
Significantly, Congress chief Rahul Gandhi referred to the January 12 press conference by the four seniormost judges of the SC - an unprecedented development that the party has repeatedly cited to justify its move against the CJI - at a rally he addressed hours after Naidu's order as part of a "Save the Constitution" campaign. However, the Congress has chose to challenge the rejection in the Supreme Court of India. "It is illegal because the Chairman has passed an order which is required to be passed after a full-fledged inquiry", Mr. Sibal said. His office has said he would not comment on the impeachment motion.
Naidu said that since the notice of motion was against the CJI, it was not feasible to consult or seek his advise. "But he has chosen not to do that", Sibal said.
This effectively means that Sibal will not be appearing in the Ram Janmabhoomi-Babri Masjid case that is being heard by a CJI-led three-judge bench. The motion had been submitted by 64 MPs of the Rajya Sabha. "Matters should not be disposed off in such a fashion", Sibal argued.
"It is our privilege to move the motion". You can not boot our privilege. Maybe they have information that the CBI has information, maybe by scuttling the inquiry they don't want a lot of information to come on record. "This will jeopardise the judicial system", he concluded.
The order destroys the legitimate processes of the law.
This order, however, can be challenged in court, he said. While Justice Sawant said the decision was "okay" as Naidu must have taken opinion of the people concerned, former Delhi High Court judge Justice S N Dhingra termed it "absolutely right" saying there was no proof of the charges levelled against the CJI."I am sure he (Naidu) must have taken the opinions of various people. This is truly a fight between forces "Rejecting Democracy" & voices "Rescuing Democracy", tweeted Surjewala.
Seven opposition parties had on Friday, given to the Rajya Sabha chairman a notice for impeachment of the Chief Justice of India signed by as many as 64 Parliamentarians (MPs).They include MPs from the Congress, the NCP, CPM, the CPI, the SP, the BSP and the Muslim League. The leader also said that he refrains from commenting on Rajya Sabha Chairman M Venkaiah Naidu's decision to reject it.
Prashanth Bhushan, senior lawyer, Supreme Court, said, "The Vice-President has no power to say that charges are not made out". RS chairman can't adjudicate the motion, for he has no mandate to decide the merits of the motion.
Opposition members last week moved the notice in the upper house to impeach Misra - the first effort in India's history to depose a sitting chief justice.