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This is an archive article published on July 18, 2009

Petition seeking CJIs impeachment dismissed

A petition seeking impeachment of Chief Justice of India K G Balakrishnan was dismissed by the Supreme Court on Friday....

A petition seeking impeachment of Chief Justice of India K G Balakrishnan was dismissed by the Supreme Court on Friday.

Noting that it had been filed belatedly after 24 years,a bench comprising Justices R V Raveendran and B Sudershan Reddy found no merit in the petition by P A Chandran,an advocate from Kerala. The petitioner alleged Justice Balakrishnan was illegally appointed to the Kerala High Court in 1985 as he did not fulfil the requirements laid down in the Constitution for a High Court judge.

Chandran said that it was required for a person to have a minimum of 10-year service as a district judge or 10 years practice as an advocate to be made a High Court Judge.

However,in the case of Justice Balakrishnan,the petitioner alleged he worked merely as a Munsif Magistrate between 1973 and 1983,a post which is considered subordinate judiciary and,hence,rendered him ineligible for the High Court judges post. Since his original appointment as a High Court judge was illegal,his elevation as Chief Justice of India was also illegal.

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