Sitaram Yechury, the General-Secretary of the Communist Party of India Marxist (CPM), wants to “correct” the institution of the Supreme Court of India. To achieve this purpose, his party CPM is considering bringing a motion, together with other opposition parties, against the Chief Justice of India Dipak Misra. If the Impeachment motion is brought in Parliament then it would be the first such instance in the history of India when a motion of removal against a sitting Chief Justice of India would have been introduced in Parliament.
On 12th January this year it was also for the first time in the history of India that the four senior most Judges of the Supreme Court (after the Chief Justice of India) held press conference levelling allegations against the manner in which the Supreme Court of India was being run. This was seen as a direct attack on the Chief Justice of India and one of the other senior judges, Justice Arun Mishra.
Sitaram Yechury, who could not even win an internal poll in his own party on the question of whether the CPM should align with the Congress for the 2019 Lok Sabha election now wants to bring the opposition parties together for the Impeachment of CJI Dipak Misra. The CPM presently has 9 members in the Lok Sabha and 7 members in the Rajya Sabha. For, the removal of a Judge of the Supreme Court of India, including the Chief Justice of India, the President of India passes an order after 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 2/3rd of the members of the House present and voting, has been presented to him (the President of India) in the same session on the ground of proved misbehavior or incapacity.
No Judge, either of any High Court or the Supreme Court, has ever been removed in India through this process. Justice V Ramaswami was the first Judge of the Supreme Court against whom impeachment proceedings were initiated but failed. Justice Ramaswami was a Judge of the Supreme Court from 1989 to 1994. The CPM plans to bring a motion of impeachment against the Chief Justice of India Dipak Misra in the budget session of Parliament. In all likelihood the motion of impeachment of the CJI Dipak Misra is certain to fail as the CPM will not be able to muster enough numbers either in the Lok Sabha or the Rajya Sabha to pass the motion of removal passed after the due procedure. Moreover, even if the combined united opposition passes the motion in the Rajya Sabha, it will be certainly fail in the Lok Sabha where the opposition simply does not have enough numbers.
Sitaram Yechury’s idea of bringing a motion for the impeachment of CJI Dipak Misra, in the Budget Session, on flimsy grounds is a non-starter to begin with.
Since quite some time, the Chief Justice of India Justice Dipak Misra has been an eyesore for the Lutyens’ liberal lobby. Justice Dipak Misra had awarded death sentence to Yakoob Memon in the 1993 Bombay blasts case. Prominent members of the Lutyens’ liberal lobby such as Prashant Bhushan, and Indira Jaising who had served as the Additional Solicitor General of India, had in 2015 vehemently pleaded with the Supreme Court to not hang Yakub Memon. Indira Jaising was also present at the press conference of the Supreme Court Judges on 12th January.
Justice Dipak Misra had also passed the order in 2016 making playing of the National Anthem mandatory in cinema halls. Prashant Bhushan had then described the order as “a clear case of judicial excess, a Judge of the Supreme Court trying to impose his own views on the people of this country”. Recently, when Dushyant Dave, another member of the Lutyens’ liberal lobby had grabbed the issue of the death of CBI Special Judge B H Loya and approached the Bombay High Court seeking a probe into the entire matter. When certain other petitioners such as Tehseen Poonawala had approached the Supreme Court with a similar request, the Lutyens’ liberal lobby members such as Dave and Jaising had argued before the Supreme Court bench headed by Justice Arun Mishra not to hear the matter since the same was also pending before the Bombay High Court.
After the press conference of the Judges, orchestrated with the instigation of the Lutyens’ liberal lobby had compelled Justice Arun Mishra to not hear the case further, Justice Dipak Misra had taken on this Lutyens’ liberal lobby by not succumbing to their pressure tactics. He has now decided to hear the petitions related to Judge B H Loya’s death himself and not allocated the matter to any of the 4 Judges who had held the press conference on 12th January. It would also be interesting to mention that Justice Arun Mishra had also passed an order in 2015 that had thoroughly exposed another member of the Lutyens’ liberal lobby, backed by the Congress party, Sanjiv Bhatt, a former IPS officer and a vocal critic of Narendra Modi. In the order passed by Justice Arun Mishra, Sanjiv Bhatt’s lies and his collusion with the Congress party and other such members of the lobby had been clearly called out.
Therefore, it should come as no surprise to anyone that the Chief Justice of India and another senior Judge of the Supreme Court Justice Arun Mishra have been on the “hitlist” of the Congress-backed Lutyens’ liberal lobby and leftist politicians like Sitaram Yechury. Justice Dipak Misra has since taking over not given in to bullying and intimidation by this lobby. It is this taming of the hypocritical self-righteous Congress-backed Lutyens’ liberal lobby of which Sitaram Yechury is also a part that is the reason for the frustration of these Indians who happily support chants calling for the dismemberment of India.
