Two Congress MPs — Pratap Singh Bajwa and Amee Yajnik — on Tuesday withdrew their petition against Rajya Sabha Chairman M. Venkaiah Naidu rejecting a motion to impeach the Chief Justice of India Dipak Misra.
Senior Advocate Kapil Sibal and the counsel of the MPs said that he was withdrawing the petition after the Constitution bench refused to give the petitioner details of the administrative order passed in constituting the bench.
Sibal, widely seen as the driving force behind the notice, sought a copy of the order alotting the case to the five-judge bench and argued that the CJI did not have power to allocate the matter to Constitution bench by an administrative order. He also said it was beyond the authority of the registrar concerned to list the matter directly before the five-judge bench. However, Attorney General K K Venugopal, appearing for Naidu, said the CJI had the power to do so.
The bench which was hearing the CJI’s impeachment didn’t include any of the four judges who openly aired their opinion against Misra recently.
The five-judge bench, led by Justice AK Sikri, comprised Justices SA Bobde, NV Ramana, Arun Mishra and AK Goel.