Bhushan files RTI to see impeachment case transfer order
New Delhi, May 8: Senior advocate Prashant Bhushan on Tuesday moved an RTI application in the Supreme Court Additional Registrar office to find out if the CJI impeachment case was referred to a five-judge Constitution bench by way of administrative order and who passed it.
The move came after the bench hearing the plea refused to answer the question, and senior counsel Kapil Sibal subsequently withdrew a petition moved by two Congress MPs against Rajya Sabha Chairman M. Venkaiah Naidu's dismissal of a notice to impeach Chief Justice of India (CJI) Dipak Misra.
"Was writ petition Pratap Singh Bajwa and Another versus Chairman Rajya Sabha and Another listed on May 8 before a Constitution bench by way of an administrative order? If yes, who has passed the above mentioned order," Bhushan asked in his application seeking information under the Right to Information (RTI) Act.
Besides a copy of the order, Bhushan also said that he be allowed to "inspect the concerned file along with any file noting concerning the said order".
On April 20, members from seven opposition parties led by the Congress submitted a notice to Chairman Naidu to initiate impeachment proceedings against Chief Justice Misra on five counts of "misbehaviour" -- a notice rejected by Naidu.
On Monday, Congress MPs Pratap Singh Bajwa and Amee Yajnik filed a petition alleging that Naidu's decision was politically motivated.
"It was mentioned before the court that since the case deals directly with the CJI on impeachment and therefore the CJI could not have heard the mentioning or exercise any power as the master of the roster or for listing the case," Bhushan told the media.
"But suddenly last night, the registry announced that the case has been listed before a Constitution bench in Court 6. It has never happened before that a matter/petition is listed before a Constitution bench even without a judicial order and we need to know if the CJI has passed this order."
Bhushan said every administrative order of any authority, even if it is of the CJI, is capable of being challenged on the judicial side.
"Unfortunately, the bench said they would not like to go into this matter and they would not like to provide a copy of the order," the senior lawyer said.
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Nothing wrong if Kharge wants to come back to Karnataka politics: G Parameshwara
Bengaluru(PTI): Karnataka Home Minister G Parameshwara on Tuesday said there is nothing wrong if party national President Mallikarjun Kharge wants to return to state politics.
He was responding to a question from reporters on Kharge's remarks, recalling how he lost the Chief Minister's post to S M Krishna after the 1999 Karnataka Assembly polls. Kharge's remarks added to the speculations of leadership change in Congress and about his return to state politics.
Senior Congress leader Parameshwara also said that wrongly interpreting Kharge is also not correct.
Kharge's statement seems to have rekindled the debate on 'Dalit CM' within the party. The AICC President, who hails from Karnataka, belongs to a Scheduled Caste.
Making a Dalit the CM is a hotly debated matter within the Congress party, the issue on which senior leaders and Ministers Parameshwara and H C Mahadevappa have openly spoken in the past. Both belong to Scheduled Castes.
These comments have come amid speculations within the state's political circles, especially within the ruling Congress, for some time now about the Chief Minister change later this year, citing a rumoured power-sharing agreement involving incumbent Siddaramaiah and Deputy CM D K Shivakumar.
"Kharge is a senior leader not only in our party, but in national politics, making comments on him is not right. Kharge is competent to hold all kinds of positions; he has experience, and he has been in politics for about 50 years. If he says something, interpreting it wrongly is not correct," Parameshwara told reporters in response to a question.
Asked about some speaking about his return to state politics, he said, "There is nothing wrong in it. He is holding the decisive position in our party. He is the one who decides as to who should be the Chief Minister, being the AICC President. So, in case he wants to come back to state politics, no one should interpret it wrong."
Speaking at an event in Vijayapura on Sunday, Kharge had recalled about him missing the Chief Ministerial post, when Congress came to power in 1999.
"As CLP (Congress Legislature Party) leader I tried to bring the party to power (ahead of 1999 polls), the party formed the government and S M Krishna became the Chief Minister. He had come (as KPCC President) four months ahead (of polls)....all my service was washed down the river. I feel that -- I toiled for five years, but the person who came four months ago was made the CM," the Congress chief had said.
"What I'm trying to say is, we may face difficulties, but we must continue to work without greed in mind. If you are greedy, you won't get anything, also you won't be able to do what's in your mind. Passing through all these things, from being a block president, I have now become AICC President. I did not go behind positions," he further said.
Mahadevappa too, reacting to Kharge's statement on Monday had said, Kharge is one of the senior leaders in the country and he has all the required qualities to occupy any constitutional post, and our wish is that he should get an opportunity, whenever there is one.
Naming Dalit leaders in Congress who have occupied the CM post in other states like -- Damodaram Sanjivayya, Sushil Kumar Shinde, Jagannath Pahadia and Ram Sundar Das, he said, "When time comes the party will take a decision and everyone will abide by it."
However, trying to downplay speculations, Kharge's son and IT/BT Minister Priyank Kharge on Monday said his father was merely sharing the path he had walked in his political career -- both ups and downs -- and that his speech should be seen in entirety not selectively. He has also made it clear that he has no regrets.
"From the blessings of everyone, the people of Kalaburagi and Karnataka, he is in the post that was once occupied by Subhas Chandra Bose and Gandhiji. Whatever he has decided on his political future, he will decide himself. He has earned that respect and reputation. He has a good relationship with the high command. Whatever he decides, Rahul Gandhi, Sonia Gandhi and Priyanka Gandhi will automatically accept it," he said.
