CJI Deepak Mishra – impeachment to suit vote-bank politics
THE CONGRESS PARTY led by Rahul Gandhi, is spearheading a movement to impeach the Chief Justice of India, Justice Deepak Mishra.
The first judge to face impeachment proceedings in 2011 in the Rajya Sabha was Justice Soumitra Sen of Calcutta HC for al alleged misappropriation of about Rs.32 lakhs in his earlier role as a lawyer and not as a judge. He resigned to avoid the impeachment.
Also in 2011, Justice Paul Danial Dinakaran faced a Rajya Sabha panel before facing impeachment on charges of corruption, land grab etc., but was allowed to resign to escape action.
Justice J. B. Pardiwala was sought to be removed in 2015 by the Congress and the Left parties as he blamed reservations and corruption as the twin evils responsible for the country’s ills. He too resigned
The Congress, whose leader Kapil Sibal in 1993 defended in court Supreme Court judge V.Ramaswami, suspected to be corrupt due to his ostentatious living and lavish spending on building his house, abstained from voting in the Rajya Sabha just to save him from impeachment. It wants Deepak Mishra out because it thinks he is pro-Narendra Modi.
EVEN if (not admitting) he is, Congress seems to have forgotten that the originator of the theory of “committed judiciary” is Mrs. Indira Gandhi, who as Prime Minister ignored the seniority of three judges to appoint a CJI of her liking.
The Congress move will be the first to impeach judges or political reasons, thus trying to politicise the judiciary just as it has been the military. The main reason for survival of democracy in India is the neutrality of the judiciary and the defence forces.
Perhaps the party believes democracy is the main hurdle on perpetrating rule by the dynasty and every Congressman believes ONLY the Indira dynasty can rule India.
Why does the party want Deepak Mishra to be impeached? It wants to kill many birds with one stone as this post which went viral on social networks.
1. He wants to quickly decide on Ram Mandir at Ayodhya whereas Congress is putting all obstacles; Kapil Sibal even pleaded to postpone hearing to July 2019, after elections, to which he didn’t agree. Most politicians want the issue to hang on eternally, to intimidate Muslims into voting against BJP and not on issues.
2. He’s ordered reopening of Sikhs’ genocide case of 1984 led by Congressmen following Indira Gandhi’s assassination by a Sikh. The case was closed by Congress.
3. He wants to expeditiously start hearings, by a Special Court, to decide whether a person convicted of punishment (over 2 yrs) can contest elections; or can hold position as MP/Minister (likes of Lalu, and many more)?
4. He wants expeditious hearing (on day-to-day basis) in many high profile corruption cases, kept in cold storage for decades (most involving Congress leaders (including Sonia and Rahul Gandhi in National Herald case where the case hasn’t moved an inch in four years) by agreeing to set up 12 Special Courts.
5. Only two days back, he did the unthinkable, by referring the issue of Polygamy (four wives by muslims) and Halala (a kind of camouflaged rape), a practice under Muslim (Sharia) law, to a Constitution Bench of the SC to be set up by him.
6. A corrupt HC Judge was suspended by the CJI because he permitted a medical college to restart admissions despite SC, and Indian Medical Council, banning it. The Congress Advocates wanted his case, and some other cases, to be allocated to specific judges of their choice, but Dipak Misra didn’t oblige; it’s his prerogative to allocate, being master of roster.
As is public knowledge four SC judges distributed pamphlets to the media against the Chief Justice outside the court . The CJI on the other hand has now written to the President to remove him.
7. There’re many more such issues — the main point being the Allocation of cases (to preferred judges) and appointment of Special Courts.
Anyone aware of how Indian judicial system works, knows that the key in getting a favourable judgement (wrongly though) lies in getting the case allocated to a favourable Judge. That’s how bigwigs manage to win, delay, when they’ve committed crimes; and this was going on for decades. This CJI Dipak Misra is apparently not part of their eco-system; hence all hell breaks out.
So, seeing no option, what Congress (with the help of Opposition) is doing now is to introduce a notice of motion in either House of Parliament for his removal from the post. They know they don’t have the numbers (need a majority plus 2/3rd members voting). Yet, their objective is to demoralise him, malign him, and pressurise him to fall in line. And still, if he doesn’t, then they will label his judgments as biased and wrong,
murder of democracy, to fool public.
The Supreme Court judgement that a simple FIR by a dalit, without any proof, that someone used a bad word against his/her caste (abusing in the name of caste) should not result in compulsory arrest under SC/ST (Atrocities) Act led to ‘bandh’ and nationwide violence “against amending the Act” on April 2. This shows the Opposition is desperately trying to fan violence to corner votes – even after the government itself appealed against the judgement and said no amendment was planned. Impeaching the CJI would mean getting dalit votes now.
The learned jurist Soli Sorabjee has rightly called this Congress step a “blackmail”. And only a devout dynasty devotee Congressman can belittle the eminence of Sorabjee.
Now you see how Congress has been ruling this country. They have in their pocket a loyal media, and bureaucracy. Now they want judiciary too… all the three pillars needed to govern (and now even our personal details – through Cambridge Analytica – to manipulate perceptions, to win).
Congress and its allies can set the country on fire – just to get votes.