A constitution bench headed by Supreme Court Justice Arjan Kumar Sikri will hear the Opposition's challenge to the vice-president's decision to reject an impeachment motion against Chief Justice Dipak Misra. The other four members on the bench are Justices S.A. Bobde, N.V. Ramana, Arun Mishra and Adarsh Kumar Goel.
The next four senior-most judges - who along with the Chief Justice make up the collegium - would also have found it hard to sit on judgment as they had complained at an unparalleled media conference in January about the way in which Justice Misra was allocating cases.
However, Justice Chelameshwar said it had already been cleared that Chief Justice was the master of the roster and only he will allocate the cases and set up the benches.
Congress senior and leader attorney Kapil Sibal, that was likewise a signatory into the impeachment note, questioned for barbarous list of this instance in front of a bench headed by Justice Jasti Chelameswar, the second-most senior decide after the main Justice and one of those four candidates that went public with their complaint regarding how painful and sensitive cases ended up being delegated from the Chief Justice.
"We can not allow any of our pillars of governance to be weakened by any thought, word or action", said Naidu, ascribing his quick decision to the severity of the charges directed at the Chief Justice. "A person maynot be considered a judge in his own cause", he explained. "This petition raises serious questions of vast constitutional importance for today and future", Sibal said and kept persuading Justices Chelameswar and Kaul to order listing of the petition. "Accordingly I refuse to admit notice of motion", said Naidu.More news: Air France-KLM shares plunge as CEO to quit amid labour dispute
The notice mentioned five grounds of misbehaviour for the CJI's impeachment.
On 20 April, as many as 64 MPs belonging to seven political parties, including Congress, NCP, CPM, CPI, SP, BSP and Muslim League, had signed the notice for removal proceedings against Misra.
Justice Chelameswar replied, "I am on the verge of retiring".
The bench asked Sibal and Bhushan to mention the matter before the CJI for urgent listing by citing a constitution bench judgment on the powers of the master of the roster.
Rajya Sabha Chairman M Venkaiah Naidu had on April 23 rejected the notice, given by opposition parties led by the Congress for impeachment of the chief justice of India. The proof was a matter of inquiry and the chairman could not have shut the inquiry in contravention of Article 124 (4) and 124 (5) of the Constitution, which provide the procedure for removal of an SC judge or CJI.