Two Congress MPs from Rajya Sabha - Pratap Singh Bajwa and Amee Harshadray Yajnik filed a petition in the apex court challenging Naidu’s decision.
In their plea, the Congress MPs argued that once the initiation of impeachment motion is signed by the requisite number of Members of Parliament, the Vice-President has no option but shall constitute an Inquiry Committee to investigate the allegations against the CJI Misra.
"None of the reasons given by the Chairman (Venkaiah Naidu)... carry any weight or are legally tenable. It deserves to be set aside for being wholly extraneous and ultra vires to the provisions of the constitution and the Inquiry Act," the Congress said in its petition.
Senior lawyer and Congress leader Kapil Sibal, who settled the petition, sought apex court’s directions for setting up judges’ inquiry committee to probe the charges against CJI.
Sibal mentioned the matter before senior Supreme Court judge Justice J Chelameswar for urgent listing. The Congress leader also said that CJI Misra can’t decide on who will hear the plea as the matter was directly related to him.
Justice Chelameswar asked Sibal to come back on Tuesday.
Opposition parties led by the Congress had sought the removal of Dipak Misra and given notice of impeachment against him. The notice given to Naidu was bearing signatures of 64 MPs and seven former members, who recently retired.
On April 23, in a major setback to the Opposition Congress, Rajya Sabha Chairman Naidu rejected the impeachment motion against CJI Misra.
"I have applied my mind to all 5 charges made out in Impeachment Motion&examined all annexed documents. All facts as stated in motion don't make out a case which can lead any reasonable mind to conclude that CJI on these facts can be ever held guilty of misbehaviour," Naidu had said while rejecting the notice of impeachment motion agianst the CJI.