NEW DELHI: Chief Justice of India Dipak Misra is learned to have decided not to recuse himself from administrative and judicial work in the Supreme Court, feeling reassured by the support from a large number of senior advocates and lawyers who have rallied behind him against the removal motion of Congress-led opposition parties.
SC sources told TOI that Justice Misra maintains that the removal motion against him, based on frivolous allegations, has been propped up for political considerations and to deter him from discharging his duties as the CJI. They also said that he is in no mood to oblige those who have “engineered the dubious pretext” to get him to quit.
With Congress-aligned lawyers, like former attorney general K Parasaran and his son Mohan, the former solicitor general, as well as senior advocate Mahalaxmi Pavani, daughter-in-law of the late P P Rao, backing him, the CJI, sources said, is feeling vindicated that he has done no wrong.
Parasarans and Pavani felt that Congress acted in a “childish way” in using the motion for removal as a political tool.
‘CJI to reconsider stand if RS chair fails to see through Cong’s game’
SC sources said the CJI is of the opinion that he would reconsider his stand if the Rajya Sabha chairman too fails to see through, what they called, “the game being played by Congress, which is annoyed with the CJI for not giving in to belligerence by certain party-affiliated lawyers to coerce the court into accepting demands for a year-long adjournment of a sensitive case”, and admits the motion. “Till that time the CJI will continue with his administrative and judicial work,” a source said.
The Rajya Sabha chairman is empowered not to accept the motion if he is not convinced by the grounds mentioned in the notice for removal.
In the last instance of a removal motion, against then SC judge Veeraswami Ramaswami, the then CJI had withdrawn judicial work from him only after then Lok Sabha Speaker Rabi Ray admitted the motion against him and set up an inquiry committee headed by SC judge O Chinnappa Reddy. The committee under Justice Reddy found Justice Ramaswami guilty of 11 out of 14 charges of corruption.
Senior advocate Kapil Sibal, one of the signatories to the notice against CJI Misra, had defended Ramaswami in the Lok Sabha and made light of the corruption charges. Congress had defeated the motion against Justice Ramaswami by abstaining from voting even as some of its members, like R Prabhu, supported the former SC judge.