10:05 am - Wednesday November 21, 2018

मुख्य न्यायाधीश के खिलाफ महाभियोग : हम क्या थे क्या हो गए और क्या होंगे अभी ? Why I think impeachment motion against CJI Dipak Misra is politics at its lowest – daily O

 देश को रसातल में धकेलने वाली राजनीती अब कुछ छोड़ेगी ऐसा विश्वास तो नहीं होता. कहाँ नेहरु जी के ज़माने मैं देश की विदेश नीति व् सुरक्षा पर सब राजनितिक दल एक होते थे.दिन बदले और आतंकवाद पर राजनीती  शुरू होगई . लोग दंडित आतंकवादियों जैसे सोह्राब्बुदीन व् इशरत जहां जैसे आतंकियों को मरने के लिए पुलिस के डी जी  व् अन्य अधिकारी दण्डित होते हैं .सी बी आई  आई बी पर केस कर देती है .कश्मीर मैं पत्थर बाजों को वकालत की जाती है और सेना पर पोलिस द्वारा ऍफ़ आई आर की जाती है .देश के प्रधान मंत्रि बनने का स्वप्न देखने वाले बड़ी पार्टी के युवा नेता अमरीका मैं जा कर बयान देते हैं की हिन्दू आतंकवाद भारत के लिए सबसे बड़ा खतरा है . सेना अध्यक्ष की एक साधारण सी जन्म तिथि  के लिए झूठी  सैन्य क्रांति की खबर बना दी जाती है .

यह सब देख के देश प्रेमियों का सर फोड़ने का दिल करता है और लगता है है की राष्ट्र कवी मैथिलि शरण गुप्त की कविता इसी समय के लिए लिखी गयी थी .

हम क्या थे क्या हो गए और क्या होंगे अभी !

सर्वोच्च न्यायालय के मुख्य न्यायाधीश दीपक मिश्रा के विरुद्ध महाभियोग प्रस्ताव देश के अधोपतन की और अग्रसर होने की अगली सोपान है . क्या पतित व् भ्रष्ट राजनीती देश में कुछ छोड़ेगी  पता नहीं !

Why I think impeachment motion against CJI Dipak Misra is politics at its lowest- daily O

The will leave the Indian judiciary in a worse position.

The Opposition parties have presented five reasons to justify the impeachment motion against chief justice of India (CJI) Dipak Misra by laying out incidents of “misconduct” on part of Misra.

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The allegations range from his involvement in the medical admissions scam to administrative impropriety. As vice-president Venkaiah Naidu has rejected the motion, the matter is all set to rock the Supreme Court.

In the past few months, I have been fiercely critical of the way in which the Supreme Court is administered. With each passing day, the need and cry for reform has only grown louder.

But the present impeachment motion seems to suggest that CJI Dipak Misra is the root of everything that is currently wrong with the Supreme Court. It’s a deeply misleading and absolutely incorrect picture. I shall elaborate on two arguments to establish that the attack on the CJI is purely a political move and will end up harming the judiciary.

First, the present move of the Opposition parties to seek the impeachment motion is a very low attempt to harp political benefits out of the systemic issues that plague the Supreme Court.

By “low” I mean that it’s purely for partisan reasons and doesn’t address the problems that it claims to which are primarily institutional in nature. Much worse, it attempts to score political points at the altar of a troubled judiciary.

It is difficult to believe that the Opposition, armed with battery of top lawyers, didn’t expect that the chairman of Rajya Sabha, Naidu in this case, may refuse to admit the motion. Even if the motion was allowed to go through, the Opposition doesn’t have the numbers in Parliament to sustain it. The attempt has been to insist that the CJI steps down either for legal or for larger propriety reasons.

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When the Opposition moves SC, it will end up creating a constitutionally precarious situation because the CJI cannot deal with the matter and the top four judges have already been vocal about their disagreements with the CJI.

There would also be questions about who will exercise administrative powers to allocate the case since CJI is the sole “master of roster”.

Let’s deal with the medical admissions scam case.

Even the worst critics of CJI Dipak Misra shall concede that there is absolutely no evidence against him in the Prasad Educational Trust case. He did not pass any orders that favoured the college in question. The call intercepts prove nothing.

The allegation of producing a false affidavit while Misra practised as a lawyer was a ground that could have been considered only when he was elevated to judgeship, this can’t be a ground for impeachment.

As far as exercise of his administrative powers is concerned, one wonders how Opposition parties reached the conclusion that a back dated administrative note was prepared. What evidence do they have?

Also it’s not that no other CJI in the past has faced such allegations of corruption. Former CJI KG Balakrishnan faced similar allegations. The most recent in the league of cases is the suicide letter written by late chief minister of Arunachal Pradesh, Kalikho Pul, which named former CJI JS Khehar and other judges for seeking bribe through their relatives.

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Let’s now come to administrative impropriety. Recently justice Jasti Chelameswar conceded that selective assignment of cases is not new in Supreme Court. He even went on to concede that Jayalalithaa’s disproportionate assets case was selectively assigned and that didn’t happen during the tenure of CJI Dipak Misra but during the tenure of former CJI HL Dattu, who is now the chairperson of the National Human Rights Commission.

My second argument is that the current issues that plague the judiciary are purely institutional in nature. CJI Dipak Misra hasn’t exercised his powers any worse than his predecessors.

But he has indeed failed as an administrator in managing the power equations within the Supreme Court, which his predecessors managed rather better.

Beyond this, to my mind, he is being used as a shield in political cross-firings. He happens to be the CJI at a point when the voices within the judiciary are screaming for reforms.

It can be argued that CJI Misra has failed to win the confidence of his fellow judges and on the administrative side, there has been greater concentration of power. However, to say that the present problems of Supreme Court are only about one judge is a misleading political project. The problem is not of a personality but of the institution and the lack of transparent processes.

It’s time the apex court stands up to the political assault and protect the institution by undertaking internal reforms. Any face-saving attempt shall only make the situation worse.

Also read: CJI Dipak Misra impeachment: What now for Supreme Court?

Filed in: Articles, Politics

2 Responses to “मुख्य न्यायाधीश के खिलाफ महाभियोग : हम क्या थे क्या हो गए और क्या होंगे अभी ? Why I think impeachment motion against CJI Dipak Misra is politics at its lowest – daily O”

  1. April 26, 2018 at 9:33 am #

    JUDICIARY’S BLACK DAY vs. CONSTITUTION’S GOLDEN DAY

    April 23, 2018 was not only a Black Day for Bharatiya Judiciary but also a Golden Day for the Constitution of Bharata. Personal honour and prestige of a sober, erudite highest Judicial Officer of the country was poised to be badly mauled on one hand and the institution of Chief Justice of Bharata molested by a rapacious Opposition determined to destroy the nation into pieces, on the other. It was great relief to behold, Vice President addressed the call of nation, rose to the challenging occasion and nipped the sinister, ominous conspiracy in it’s bud. Vice President deserves to be saluted by the nation. Not only unmitigated friction and attrition were deftly precluded, but also worthless anti-national Opposition Leaders were exposed like never before. Sanctity of Judiciary was protected and the Constitution upheld in a remarkable way.

    The political lunacy was led by a nincompoop in politics who had years ago claimed, “If I had wished, I would have become Prime Minister of this country even at the age of 25” !! What an audacity !! Even such a political novice could find elderly Harvard / Cambridge educated supporters and followers in his own as well as in other political parties is most disgusting, to say the least.

    So ironically, the sordid move was carried out by a Royal Dynasty which had almost destroyed Judiciary during and after Emergency-1975. During those years, there was none with a resolute spine occupying high Constitutional position to stem the rot perpetrated by the most venomous, vicious and vindictive Prime Minister during 1970s. Her PMship was the darkest era of Bharatiya Judiciary. That the Royal Nincompoop does not understand even a, b, c of the Constitution yet he accuses the highest Judicial Officer of the country of ‘judicial misconduct’, is one of the most extra-ordinary paradoxes in nation’s history.

    I am refraining from invoking a strong and acerbic language to condemn this political pest because this move itself has caused his Party loss of lakhs of votes across the country and several steps closer to the Holy Mission of Congress-Mukta Bharata. Without admiring him for his contribution towards strengthening the nation by decimating his anti-national Party step by step, I would rather thank him for what all he did and has been doing so far. Congress used to be a Party of stalwarts. Now it is a Party of immature infantiles like Divya Spandana, Priyanka Chaturvedi, Surjewala, Manish Tiwari, Sanjay Jha etc.

    ACCHE DIN started on May 26, 2014 the moment NaMo was installed as Prime Minister and every subsequent day has been more ACCHE than the preceding one. Not only Congress-Mukta Bharata 2019 is more than assured, Congress shall be left stranded like a dying whale on a Kannadiga beach after Karnataka Assembly Polls-2018 !!!! Coming days shall be more and more ACCHE for the nation. Rest assured about that.

  2. April 28, 2018 at 3:17 am #

    Thanks for sharing this, Gary!helpwithmath

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