The Chief Justice of India, he added, had aggravated the situation by denying permission to the CBI to lodge a Regular Case against a sitting high court judge and by insisting on hearing the case himself. The CBI had wiretapped conversations, Bhushan pointed out, which pointed a finger to the CJI. The CBI had also arrested a retired Odisha High Court judge in the same case, who was released on bail within days.

Describing impeachment as an inherently political process that starts in Parliament, Bhushan said he understood the hesitation of political parties to initiate the move. “You can make a move for impeachment of a judge only if you have substantial evidence of misconduct and misbehaviour and only if such misconduct becomes a public scandal,” he declared.

Political parties, therefore, would have taken their time, weighed the evidence, held consultations before deciding to submit the motion, he pointed out.

Referring to the PIL seeking a gag on the media on reporting on the impeachment, an amused Bhushan said that he had never heard of the Supreme Court imposing any restriction on the media. Even the present CJI Dipak Misra, he pointed out, is on record speaking against any gag on the media. Such a gag would be totally inappropriate, he added.

Justice Sikri of the Supreme Court on Friday posted the PIL for May 7 and sought the views of the Attorney General on the prayer. Lawyers were quick to point out that the Constitution does not give any power to the Supreme Court to gag the media. At best the apex court can impose restrictions on reporting proceedings in the interest of fair trial, they maintained.

Describing the crisis in the judiciary as ‘very serious and very deep’, Bhushan referred to the press conference addressed by the four senior most judges of the apex court in January, when they had declared that there was a threat to both the judiciary and democracy.

Reacting to criticism that the move to criticise, defame or impeach the Chief Justice of India had scandalised and undermined the judiciary, Bhushan said that some people wanted the status quo to continue. But shouldn’t a judge or Chief Justice of India be exposed if there is evidence of misconduct, he wondered aloud.

They want the present rot to continue so that they can enjoy a good time, he alleged.