[《Congress is considering moving the Supreme Court if its petition for the impeachment of Chief Justice of India Dipak Misra is turned down by the Vice-President, a move which underlines the party’s intent to keep him in focus. The party is likely to take a final call on whether to file the impeachment petition with the chairman of the Rajya Sabha on Monday. A document signed by the requisite number of MPs is learned to be ready with the opposition bloc that Congress heads. However, the grouping has already discussed the next steps it may take if the RS chairman dismisses the notice. The chairman of the RS has the discretion to accept or reject a motion for impeachment, with the Lok Sabha Speaker having a similar prerogative.》
(Excerpted from sl. no. II. below.) <<The Bar Council of India (BCI) has passed a resolution barring three Congress leaders and senior lawyers — Kapil Sibal, Abhishek Manu Singhvi and Vivek Tankha from appearing before the Chief Justice of India Dipak Misra. The resolution, which was passed on March 18 and released on Saturday, bars MPs and MLAs who are also practising advocates from appearing before "that Court or Judge," whom they seek to impeach. "The BCI has come to a final conclusion that we cannot stop or ban MPs from practising in courts, but there is an exception to it. Lawyer-MPs or -MLAs, if they start any motion for impeachment or a removal proceeding against any high court or Supreme Court judge, they will not be allowed to practise in that particular court. This is the majority view of the council," BCI president Manan Mishra told media persons here on Saturday. The BCI made its resolution public after rejecting objections raised by Sibal, Singhvi and Tankha, who had filed their replies in response to a BCI notice, stating that the lawyers' body had no jurisdiction to pass any order in this issue.>> (Excerpted from sl. no. II. below.) That's just preposterous!] I/III. 'An Explanatory Note on the Motion for Impeachment of the CJI' (attachment) at <https://groups.google.com/forum/#!topic/greenyouth/YfsOcKzzbm0>. II/III. https://timesofindia.indiatimes.com/india/congress- may-move-sc-if-impeachment-motion-against-cji-is-rejected-by-rajya-sabha- chairman/articleshow/63562281.cms Impeachment motion against CJI: If foiled in Rajya Sabha, Congress to move SC Subodh Ghildiyal | TNN | Updated: Apr 1, 2018, 06:41 IST HIGHLIGHTS Rajya Sabha chairman has the discretion to accept or reject a motion for impeachment of the CJI If the RS chairman dismisses the notice, top strategists believe the grouping should move the SC File photo of Chief Justice of India Dipak MisraFile photo of Chief Justice of India Dipak Misra NEW DELHI: Congress is considering moving the Supreme Court if its petition for the impeachment of Chief Justice of India Dipak Misra is turned down by the Vice-President, a move which underlines the party’s intent to keep him in focus. The party is likely to take a final call on whether to file the impeachment petition with the chairman of the Rajya Sabha on Monday. A document signed by the requisite number of MPs is learned to be ready with the opposition bloc that Congress heads. However, the grouping has already discussed the next steps it may take if the RS chairman dismisses the notice. The chairman of the RS has the discretion to accept or reject a motion for impeachment, with the Lok Sabha Speaker having a similar prerogative. The ruling camp has already indicated that the move may not pass muster with the RS chairman. If that happens, top strategists believe they should move the SC with the plea that the RS chairman’s decision was unreasonable and unacceptable, and should be overturned. Article 105 of the Constitution bars the judiciary from interfering in the proceedings of legislatures. However, legal eagles in the opposition have argued that acceptance or rejection by the RS chairman of a motion for removal does not constitute part of parliamentary proceedings but falls under the ambit of “administrative action” and can, therefore, be challenged in court. “We can move court on the decision of the House chairman, if it comes to that,” a senior leader said. As per the opposition’s calculations, if the issue is taken to the top court, the CJI may not be able to take a decision regarding how to process it since it would involve him. It would open the case for either its referral to other judges or a full court, goes the reckoning. Such a move would escalate the stand-off between the top judiciary and political opposition, which has accused, among other things, the CJI of acting unilaterally in allocation of cases — a charge that stems from the unprecedented press conference four most senior judges of the SC addressed on January 12, attacking CJI Misra’s administration of the highest court. Since then, there has been constant public discussion on the strife, with non-NDA parties talking about an impeachment motion. TOP COMMENT Opposition is desperate!! They see the end and are capable of stooping to any level to destabilize democracy, economy, social fabric, and the country. Gautam Patel Already charting the next steps in what would prove to be a complicated battle if it finally plumps for an impeachment motion, Congress sources said moving the top court would be a sensible decision. III. http://www.dnaindia.com/india/report-kapil-sibal-abhishek- manu-singhvi-cannot-appear-before-cji-bar-council-of-india-2599857 Kapil Sibal, Abhishek Manu Singhvi cannot appear before court or judge they seek to impeach: BCI Kapil Sibal-PTI WRITTEN BY Ritika Jain Updated: Apr 1, 2018, 11:55 AM IST The Bar Council of India (BCI) has passed a resolution barring three Congress leaders and senior lawyers — Kapil Sibal, Abhishek Manu Singhvi and Vivek Tankha from appearing before the Chief Justice of India Dipak Misra. The resolution, which was passed on March 18 and released on Saturday, bars MPs and MLAs who are also practising advocates from appearing before "that Court or Judge," whom they seek to impeach. "The BCI has come to a final conclusion that we cannot stop or ban MPs from practising in courts, but there is an exception to it. Lawyer-MPs or -MLAs, if they start any motion for impeachment or a removal proceeding against any high court or Supreme Court judge, they will not be allowed to practise in that particular court. This is the majority view of the council," BCI president Manan Mishra told media persons here on Saturday. The BCI made its resolution public after rejecting objections raised by Sibal, Singhvi and Tankha, who had filed their replies in response to a BCI notice, stating that the lawyers' body had no jurisdiction to pass any order in this issue. At the moment, the Supreme Court is currently deliberating a plea filed by advocate and BJP leader Ashwini Kumar Upadhyay, seeking directives to bar MPs and MLAs from practising law. However, in its resolution, the BCI has specifically adopted this clause stopping such legislators from appearing before "that Court or Judge" against whom they participate in impeachment proceedings. "Our Parliament is supreme. The members have their privilege. We cannot make any comment on their privileges. But as lawyers, we can put the condition under which they can be allowed to practise or not. In order to prevent the misuse of the powers and privileges of a lawyer, not of an MP, we have put this condition that if any lawyer-MP starts any impeachment motion or participates in the impeachment motion, he cannot practise in that court," Mishra said. The decision and the timing of the resolution's release are relevant since a letter seeking to impeach CJI Misra will possibly be introduced on Monday when Parliament reconvenes. Sources within the Rajya Sabha indicate that the letter has already garnered 40 of the requisite 50 signatures. By releasing the letter on Saturday, Mishra has thrown his hat in the ring in clear support of CJI Misra who has been accused of tinkering with a well-established system. Mishra has also clearly drawn the line against the three Congress leaders who indicated their support for the impeachment process. The BCI has indicated that their decision — passed more than a fortnight ago — must now be communicated to the top court on the next date of hearing. It has added that unless the apex court objects to the resolution, the decision in this matter will be valid. The three advocates who have been named in the letter stand to lose since they all have multiple matters — some even before Constitution Benches and some before CJI Misra. -- Peace Is Doable -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at https://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
