He said he was "extraordinarily" sad that the issue of setting up of the Constitution bench was raised as till a person is the CJI, he or she becomes entitled to fix the bench
Eminent jurist F S Nariman today did not find any fault in the setting up of a five-judge constitution bench in the Supreme Court to deal with the pleas of Congress MPs against rejection of the impeachment notice against Chief Justice of India Dipak Misra.
He said he was "extraordinarily" sad that the issue of setting up of the Constitution bench was raised as till a person is the CJI, he or she becomes entitled to fix the bench. Speaking to a TV channel, Nariman said that it was the end of the controversy over the impeachment motion against the CJI as the challenge to the dismissal of the notice of impeachment by the Rajya Sabha Chairman has been withdrawn.
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"From what I hear I am equally sad. The problem is that the impeachment motion having been disallowed by the RS chairman was challenged and ultimately withdrawn. So that is an end to the controversy but I am extraordinarily sad that in a matter where bench fixation has to be by the chief justice because in a series of cases right from 1980s it has been held that it does not require any rules. As long as a person is CJI, he/she becomes entitled to fix the bench," he said.
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