The Supreme Court on Tuesday dismissed the petitions filed by two Congress Rajya Sabha members challenging the order of the Vice President rejecting the impeachment motion against the Chief Justice of India (CJI).
A five-judge Constitution bench of the apex court, headed by Justice Arjan Kumar Sikri, and also comprising Justice SA Bobde, NV Ramanna, Arun K Mishra and Adarsh K Goel dismissed the petition as withdrawn.
“The petition lacks merit and thereby we dismiss the petitions,” the Supreme Court five-judge bench said in its order.
Kapil Sibal, senior Supreme Court lawyer appearing for the two Congress MPs, sought to know how the CJI overnight passed an administrative order listing the petition before a five-judge bench. “Give me that order. I want to challenge it,” Sibal said.
Sibal’s appearance for the two RS Congress MPs was objected by two advocates RP Luthra and Ashwini Upadhyay who said Bar Council of India (BCI) prohibited those advocate politicians who have signed the notice of removal motion from arguing the same case before the SC.
The 5-judge Constitution bench, however, said it was up to Sibal to decide whether he should argue the case or not.
The top court repeatedly asked what purpose it would serve if Sibal was given a copy of the administrative order passed by the CJI referring the petition to five-judge bench.
Sibal said only after getting the order he would decide whether to challenge it or accept it.
When the SC expressed reluctance to part with the administrative order, Sibal abruptly decided to withdraw the petition.