Naidu went through public comments by jurists

Rajya Sabha Chairman M Venkaiah Naidu. DH File Photo

The decision to reject the impeachment motion against Chief Justice of India (CJI) Dipak Misra was taken by Rajya Sabha Chairman M Venkaiah Naidu not just through personal consultation of constitutional experts but also by going through public comments of legal luminaries, including that of Justice J Chalemeswar.

In person, Naidu consulted Supreme Court judge Justice B Sudershan Reddy, Attorney General K K Venugopal, former attorney general K Parasaran, former Lok Sabha secretary general Subhash C Kashyap, former Rajya Sabha secretary general Vivek K Agnihotri, former law secretaries P K Malhotra and Sanjay Singh and former attorney generals Soli Sorabji and Mukul Rohatgi.

Sources said Naidu also went through the comments made by legal luminaries that appeared in the media to understand various points of view.

One of the views that attracted Naidu's attention was that of Justice Chelameswar, who said that impeachment was no panacea to the judiciary's problems and that he could not understand the obsession with such a move.

Justice Chelameswar, the second-most senior Supreme Court judge, had earlier come out against the CJI over several issues and held an unprecedented press conference.

Former CJI T S Thakur had described the impeachment motion as "unfortunate", while former Supreme Court judge B Sudershan Reddy called the move "suicidal and dangerous" and that there was no material to establish the charge of any misbehaviour.

Another view that caught Naidu's attention was that of eminent jurist Fali S Nariman, who described the filing of the motion as a "horribly black day" in the history.

He felt it will not only diminish the public's faith in the judiciary but will open the door for the ruling party to move against a judge if it does not like a particular judgement.

Former Delhi High Court judge Justice R S Sodhi's comments that Congress has committed 'hara-kiri' while describing the notice as "the most immature move" the party had made also came to Naidu's notice.

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