Apurva Vishwanath

Even if copies of affidavit are sent to 22 judges of SC, are they empowered to enquire into the matter? The full court session was not a hearing and no specific order was passed. The CJI exercised his right of self-defence by denying the charges to his colleagues , as no other form was available him. The author writes on Law and Judiciary. Has she not heard of Article 124(4) of the constitution or the Judges Enquiry Act, 1968? It is only the Parliament of India that can enquire into the matters against high functionaries like the President or the CJI. These high posts are offered immunity and protection against flimsy allegations and conspiracies, as functioning of these posts is vital for existence and continuity of our state. Unwarranted application of the committee approach in such cases amounts to circumventing the laid down constitutional provisions. Internal investigation committee within the SC will have to be appointed by CJI , when he himself is the matter of investigation. There is contradiction here and this provision will not work. It is the privilege of the Parliament only and the Judiciary cannot usurp that privilege. As such the complainant lady and her associates will have to convince 50 members of Rajya Sabha or 100 members of Lok Sabha to initiate impeachment proceedings. Or she will have to wait till the CJI retires. There is no other way.