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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Bengaluru (PTI): Naxalism has "more or less" ended in Karnataka, Home Minister G Parameshwara said on Thursday, following the surrender of six Maoists. He also strongly defended their surrender before Chief Minister Siddaramaiah amid criticism.
He stated that the Maoists were unarmed when they surrendered, and the police would investigate where they might have left their weapons.
The group of six Maoists who surrendered on Wednesday includes four from Karnataka—Mundagaru Latha from Sringeri, Vanajakshi Balehole from Kalasa, Sundari Kutluru from Dakshina Kannada, and Mareppa Aroli from Raichur. The other two are Vasantha K from Vellore in Tamil Nadu and N Jeesha from Wayanad in Kerala.
"Who is saying it was not appropriate for the Naxals to surrender before the CM? They should explain what is wrong and why they think it is wrong. We wanted to send a message to society that Naxalism has no place. When the surrender happens before the CM, the whole state becomes aware, and those who believe in Naxalism may rethink," Parameshwara said in response to criticism from the BJP.
Speaking to reporters, he said the surrender was intended to send a message to those involved in Naxal activities, making them aware that the government and the CM are committed to reforming them.
"What’s wrong with it? Let critics explain. Simply saying the surrender shouldn’t have happened before the CM is not right. They should provide reasons for their objections," he added.
Addressing objections raised about the rehabilitation package for the surrendered Maoists, the Home Minister defended the decision. "We will extend the package to all those involved in Naxal activities who wish to return to the mainstream. What’s wrong with that?" he said.
The six surrendered Maoists will be rehabilitated under categories 'A' and 'B' of the Karnataka Naxal Surrender Policy, 2024, and will receive Rs 3 lakh each.
Reacting to BJP general secretary and MLA Sunil Kumar’s statement that the Congress government was facilitating the surrender of Maoists as a "package" to convert forest Naxals into urban Naxals, Parameshwara dismissed the claims.
"He says such things, but Naxal activities were increasing in his constituency. The Anti-Naxal Force is based there in Karkala," he remarked.
When asked about whether the Maoists had surrendered their weapons, Parameshwara clarified that they were unarmed when they surrendered. "They left their arms behind. The police will investigate where they abandoned them," he said.
On whether Naxalism has officially ended in Karnataka, the minister said, "More or less, yes. We believe 99 per cent of it has ended."
Regarding Maoists from other states who surrendered, he said Siddaramaiah would speak to the chief ministers of those states, as the individuals face cases in their respective states in addition to Karnataka.
"As decisions have to be taken by those state governments too regarding cases against them, the CM has said that he will speak to his counterparts in Kerala and Tamil Nadu," the minister said.