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How Was CJI Issue Referred to 5 Judges: Kapil Sibal on SC Hearing

Kapil Sibal withdrew the petition challenging the rejection of the impeachment notice against CJI Dipak Misra.

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Video Editor: Sandeep Suman

On Tuesday, Kapil Sibal withdrew the petition challenging the rejection of the impeachment notice against CJI Dipak Misra. Sibal, who was representing the petitioners, questioned how the five-judge SC Constitution Bench was formed. When the SC refused to give an answer, he withdrew the plea.

The Congress questioned the setting up of a five-judge bench to hear a petition challenging rejection of the impeachment notice against Chief Justice of India Dipak Misra and dismissed allegations that the plea, filed by two party MPs, was “political”.

The party was for protecting “dignity and independence” of the courts, senior Congress leader and advocate Kapil Sibal said while pitching for transparency in the judicial process.

During the hearing, Sibal raised questions on the setting up of the Constitution Bench, including who passed the order for setting up the five-judge bench to hear the matter.

Sibal had also sought a copy of the order on setting up of the bench.

I, as a litigant, have the right to be made aware of what the order is and who has passed it in what circumstances. And what is the tenor of the order? How can a person be denied the copy of the order which is passed on the administrative side, which is a fundamental question and has to be answered.
Kapil Sibal, Senior Advocate 

The former Union minister also said the Congress had no "personal complaint" against anyone and dismissed the “government's allegation” that the petition was a “political matter”.

Which order in India cannot be challenged? We just want to say that we want to protect the dignity, independence of court, and transparency in the judicial process, so the issue we have raised is not political, but one relating to the (developments in) courts.
Kapil Sibal, Senior Advocate 

Read the full story here

Video Editor: Sandeep Suman

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