J Datta: according to you the removal of judge could be traced to only Article 124(4) and (5)?
Sibal: yes, its administrative
J Datta: this inhouse procedure is traceable to Iyer. We are trying to understand what relief can be granted in the event we are with you
Sibal: the recommendation for removal is unconstitutional
J Datta: but that wont stop the proceedings
Sibal: it clearly influence the decision process.
Sibal: such a recommendation of finding on review renders it violates of Article 14. Inhouse procedure is essentially to aid and advice to CJI, it acts as a prompt for the CJI to recommend removal
Sibal: reads his points.
Snr Adv Mukul Rohatgi: mylords please take it next week
J Datta: let's continue
Snr Adv Kapil Sibal(for J Varma): mylords asked me to prepare points on constitutional issues, which I have.
matter will be taken up soon.