VP Venkiah Naidu, who had the discretion granted by law to reject or accept the Congress-Left sponsored move to impeach the CJ Dipak Mishra, has rejected it! Prior to this he appears to have held wide consultations with legal experts, jurists and ex-judges, even refers to newspaper editors in his detailed statement.
The bar set by procedure is very high – “proved misbehaviour” – not mere allegations, even if some of them happen to be true. The VP argues this is far more onerous than mere ‘misconduct’. Proven also means exactly that – – it has to be proven before the motion is even admitted.
It is here the VP finds the group that moved the motion is strangely not even sure of its own case! Words like “may have been”, “likely”, “appears to” clearly show this to be the case!
As far as master of roster issue goes, it is also a settled matter. CJ is the one. In any case, it has to be a grievance of fellow judges, not Congress or Left. This has been the recent judgment too, by a 5 judge panel of SC.
VP clearly also states that the unsubstantiated surmises and conjectures in the petition are not worth investigating. Perhaps Congress, instead of “encouraging” its yellow media allies into singing its tune, should have spent some time collecting evidence!
Naidu also refers to the “customs and conventions” re RS that have been violated, by publishing the allegations before they are admitted, although that is not the main reason for rejecting it. Earlier reports seemed to assume this, but this detailed statement should settle that rumour. Even if you disagree with the reasons offered by the VP.
And finally, Naidu, as the Chairman of RS – also says why he decided the matter so quickly – to avoid an “uncomfortable” situation for the occupant of one of the highest constitutional authority. This clearly knocks out the Congress game plan – to keep the CJ inactive and doing nothing while the process weaves its way through the labyrinth. In other words, punish him before he is proven guilty using the procedure itself as a punishment.
Now the ball is in the court of the dynasty and its “intellectual” handlers in CPM. Let us see what they do. By raking more mud they run the risk of being perceived as blackmailers of judiciary, a sordid track record of Emergency days they only managed to make people forget after 40 long years.