NEW DELHI: The BJP today accused the Congress of "forum shopping" and politicising the judiciary after the opposition party questioned the setting up of a five-judge bench by the Supreme Court Chief Justice to hear a petition challenging the rejection of the impeachment notice against him.
The Congress, however, has dismissed allegations that the plea, filed by its two MPs, was 'political'.
Partap Singh Bajwa from Punjab and Amee Harshadray Yajnik from Gujarat earlier in the day withdrew their plea in the apex court challenging the rejection of the impeachment notice against CJI Dipak Misra by Rajya Sabha Chairman M Venkaiah Naidu.
Senior Congress leader and advocate Kapil Sibal, who appeared for the two MPs, said the party was for protecting 'dignity and independence' of the courts while pitching for transparency in the judicial process.
"Isn't this a case of case of forum shopping, trying to determine how a case should be heard, before which bench it should be heard," asked BJP spokesperson Nalin Kohli.
Kohli, who himself is an advocate at the Supreme Court, further said that by the doctrine of necessity, it is the Chief Justice of India one who will decide the formation of a constitution bench.
"The larger question is will the Congress party like to run its failed politics by forcing the involvement of judiciary and politicising it," Kohli asked while asserting that the Congress should do its politics on the political front.
The Congress should desist from politicising the judiciary or trying to indirectly do politics through the judiciary, he said.
Responding to the Congress' claim that it was for protecting dignity and independence of the courts, Kohli said the entire nation was witness to the terrible happenings during the Emergency.
After attacking the independence of the judiciary, the Congress then misused the judiciary by appointing favourites and superseding deserving judges, Kohli said.
Given its track record and the current sequence of events, it is rank hypocrisy for the Congress to shed crocodile tears and pretend as if it stands for the protection of the judiciary, he added.