In an interesting twist, senior advocate, Kapil Sibal representing Congress MPs, withdrew their plea challenging Rajya Sabha chairman’s order dismissing notice to impeach Chief Justice Dipak Misra.
In early week April over 60 Rajya Sabha parliamentarians signed a petition seeking to impeach Chief Justice Misra who is due to retire in October.
On April 23 RS chairman, Venkaiah Naidu rejected the plea saying “doesn’t deserve to be admitted”.
A five-judge Constitution bench, led by Justice SK Sikri, the sixth seniormost judge of Supreme Court was formed yesterday for the case.
In the 45-minute long hearing of the case today, Tuesday, Sibal questioned how a writ petition could be assigned to a constitution bench without judicial order.
He demanded the order that allowed such reference which he described as illegal.
The top court however did not reveal the order. At that point Sibal said, if the bench refused to handout the order the plea is being withdrawn.
Following this, the apex court dismissed the plea as withdrawn.
While the reason for backout is not immediately clear, the Attorney general KK Venugopal said only two MPs of Congress have approached apex court in the matter while other six who endorsed notice for impeachment did not move the top court.