The Rajya Sabha Chairman had on April 23 rejected the notice given by Rajya Sabha members of the Congress and six other opposition parties to seek the removal of Chief Justice Misra on grounds of "misbehaviour".
The decision of Vice-President Venkaiah Naidu is "illegal and arbitrary", says a petition by two Congress Parliamentarians.
The petitioners' counsel had earlier on Monday argued in Chelameswar's court that the CJI could not be involved in either the listing or hearing of the matter, and the procedure in such a situation was that the case would have to be dealt with by the second senior-most judge in the court. The bench of Justice J Chelameswar and S K Kaul said it will pass orders on listing on Tuesday morning.
The judges that will hear the Congress's challenge are Justices AK Sikri, SA Bobde, NV Ramana, Arun Mishra and AK Goel.
"I am of the view that it is imperative that we should have extraordinary, important and substantial grounds for the removal of a judge", he said.
Making his submissions, Sibal said chairman Venkaiah Naidu can not summarily reject the notice bearing signatures of 64 MPs and seven former members who had recently retired, on the ground that there was "no proved misbehaviour".
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Reportedly, Justice Chelameswar had said he would take a call on Tuesday on whether he should decide about listing of the petition but a bench to hear the case has been formed before he could make a decision.
Sibal, who himself signed on the motion moved by 64 Opposition Members of Parliament (MP) to remove the CJI, requested a bench of Justices Chelameswar and Sanjay Kishan Kaul to list the petition urgently as SC Registry was not accepting its request.
He also said that the Parliament was supreme in its own jurisdiction and its process can not be subjected to judicial review and "impeachment" motion was filed on untenable grounds for a collateral objective to intimidate the CJI and other judges. He said the CJI can not order for listing and hence the senior-most judge of the court must pass some orders as it was a matter of constitutional importance.
The petition said Mr. Naidu acted like a quasi-judicial authority, assuming the mantle of the inquiry committee and dismissing the motion on merits. "The Chairman can not sit and adjudicate over the adequacy, veracity and legal tenability of the allegations/charges contained in the said Notice".
The Congress in its petition said the decision to reject their impeachment motion by the Vice President reflected "serious infirmity".