Speaking to reporters here, senior Congress leaders Vivek Tankha and Ami Yagnik along with independent Rakya Sabha MP KTS Tulsi said that the proceeding over the impeachment motion has been started by the "chariman's office and looking at the intensity of the matter CJI Dipak Mishra should separate himself" from constitutional and legal duties.
According to the provisions in the handbook for Rajya Sabha members, no advance publicity should be given to any notice to be taken up in the House till it is admitted by the chairman. Two-thirds in each house means 360 in Lok Sabha and 163 in the House of Elders. One allegation relates to allotment of cases by the Chief Justice of India, but that can not be an allegation since that has been the practice throughout the history of the Supreme Court, pointed out Justice Thomas.
Another charge is of listing the petition against the Prasad Education Trust before himself, even when he was heading the Constitution bench, and doing so was against the convention. "The Supreme Court's decision is final and politics should be kept away from it". Asked why members of other opposition parties had not signed the motion, former Law Minister Kapil Sibal said the motion was not moved by political parties but by individual members. The pronounced factionalism which has been highlighted on the eve of the Karnataka Assembly elections is evident from the fact that former Prime Minister Manmohan Singh and at least two erstwhile Law Ministers, M. Veerappa Moily and Salman Khurshid have expressed their serious reservations about going ahead with the exercise. Therefore, it was important to ascertain whether the CJI was abusing his powers as the "master of the roster" to allot matters to particular benches with "the likely intent of influencing the outcome". Asked whether there was a provision for rejecting the motion, Sibal said the charges they have levelled can not be brushed aside.
"Impeachment notice against the CJI should be given on rare occasion. I am sure that the minimum requirement for the motion to be entertained has been met and sure that chairman will take action", Nabi was quoted as saying by NDTV. They also prayed that the Court direct the government to implement such guidelines or modalities, and restrict the media from covering any aspect of an impeachment motion until the motion is passed. Whereas, if the motion begins in the Rajya Sabha, the motion has to be signed by a minimum of 50 members and submitted to the Chairman of the Rajya Sabha - the Vice President of India.
"References to the Chief Justice by innuendo in these conversations are evident", he said, adding that the denial of permission to the CBI to register an FIR against Justice Narayan Shukla of the Allahabad High Court, when the CBI shared incriminating information with the Chief Justice "was itself an act of misbehaviour". "In this context, they circulated a letter to the press that they had addressed to the CJI in which they expressed concern about attempts to unsettle through a judicial order the Memorandum of Procedure which stood settled. Whose interests are such PIL serving?" the member of Indian National Congress said in a tweet. More so, when the Congress knows for sure that the impeachment motion can not be passed in Parliament since BJP would oppose it.