RS rules prohibit public statements by MPs on judges’ removal, says SC

Source: The Hitavada      Date: 08 May 2018 09:06:57




THE Supreme Court on Monday virtually dampened the spirits of Opposition MPs publicly advocating impeachment of Chief Justice of India Dipak Misra, observing that the Rajya Sabha rules prohibited them from making public statements on removal of a judge of the higher judiciary without any notice in Parliament.

The apex court, which was hearing a plea seeking to restrain Members of Parliament (MPs) from making public statements on removal of a judge without any notice in Parliament, also said there was “no urgency” in the mater and posted the hearing for the third week of July. The petition was filed against the backdrop of Congress and other Opposition parties submitting a notice to Rajya Sabha Chairman M Venkaiah Naidu for initiating removal proceedings against Chief Justice of India Dipak Misra. The notice was later rejected by Naidu.

When a bench comprising Justices A K Sikri and Ashok Bhushan was told that public statements by politicians were made without there being any such notice in Parliament, the bench said, “Rajya Sabha Rules also prohibits such statements”.

Senior advocate Meenakshi Arora, representing petitioner NGO ‘In Pursuit of Justice’, said the issue raised in the plea was concerned with the “times to come” and required consideration by the top court.

The bench responded by saying “why do you feel that such a time will come again and again” and adding “there is no urgency now”. Attorney General (AG) K K Venugopal, who was earlier asked by the court to assist it in the matter, told the bench that the plea has become infructuous.