Senior advocate of the Supreme Court and Padma Vibhushan awardee Fali Nariman on Sunday slammed the recent move by Opposition parties to impeach Chief Justice of India Dipak Misra, calling it "a horribly black day in the history of the Supreme Court".
A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud on Thursday dismissed the PIL seeking the SIT probe into the death of Judge Loya in 2014 in Maharashtra's Nagpur.
Mr Jaitley wrote the post after Congress-led seven opposition parties gave notice of impeachment of Justice Deepak Mishra to Rajya Sabha Chairman M. "One concern of the four judges was a memorandum of the procedure was being unsettled", said Congress leader Sibal after the parties submitted the impeachment notice to Naidu in the press meet in which Sibal was referring to an unusual press conference called on 12 January by four most senior SC judges.
For initiating the impeachment process, a motion has to be moved by either 100 Lok Sabha members of Parliament or 50 Rajya Sabha MPs.
"To use the power as intimidatory tactics when neither you have a case of "proven misconduct" or the numbers on your side, is a serious threat to judicial independence. It is an attempt to intimidate a Judge and send a message to other Judges, that if you don't agree with us, fifty MP's are enough for a revenge action", he said.
He also asserted that India would not forget Judge Loya.
"A detailed analysis of the facts and the role played by some groups is necessary since I suspect such attempts will also be made in the future", Jaitley said.
"It was not gossip or rumour mongering but a deliberately generated fake news where falsehood was manufactured to generate a massive public controversy", he said, adding that even family members of Judge Loya had accepted that he died of natural causes. The top court of the country also said that frivolous and motivated petitions should be discouraged.
According to Article 124 (4) of the Constitution: "A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour incapacity". "Till that time the CJI will continue with his administrative and judicial work", a source said.
This is unedited, unformatted feed from the Press Trust of India wire.