Supreme Court Dismisses Petition Against Justice Chandrachud, terms it as “Completely Misconceived”
(Judicial Quest News Network)
The Supreme Court on Wednesday dismissed a petition which sought to restrain Justice DY Chandrachud from taking oath as the next Chief Justice of India.
A Three-Judge bench led by Chief Justice UU Lalit said that the plea was completely misconceived.
The petition was filed by Mursalin Asijith Shaik.
The petition which was otherwise not listed in the cause-list was mentioned for Urgent listing by the petitioner’s counsel in the morning.
“Having heard the learned counsel for the petitioner, we see no reason to entertain the petition. In our considered view, the entire petition is completely misconceived and the petition is therefore dismissed “the bench ordered.
The petition was filed on the basis of a representation filed by one Mr. Rashid Khan Pathan before the president of India against Justice Chandrachud. The complaint was made viral in social mediaand WhatsApp groups, which led by the Bar Council of India and several other bar associations to issue public statements strongly condemning the allegations and discharging them as baseless.
Justice Chandrachud, the CJI-designate, will take oath as 50th Chief Justice of India on November, 9.
Incumbent CJI UU Lalit recommended Justice Chandrachud’s name as his successor to the Centre on October 11.Justice Chandrachud will serve as the CJI for two years till November 10, 2024.
The counsel of the petitioner contended that Justice Chandrachud’s bench heard a special Leave petition arising out of an order in the Bombay High Court in which his son had appeared as a counsel.”This is an admitted matter, the BCI said that learned judge was not aware that hisson was appearing. It cannot be, as orders were annexed”, he submitted.
At this juncture the CJI UU Lalit asked the counsel to show the proof that the said order was annexed to the SLP. “Show us that the order was the part of the paper book?”CJI asked.
When the counsel could not find the order in the annexure, requested that the matter be posted tomorrow.
Whatever you wish to argue you argue now CJI told the counsel when he repeated the request to adjourn the hearing.
While dismissing the petition CJI said “if you have anything substance, we are willing to hear you”, the CJI repeated.
As the counsel failed to proceed any further submission, the bench proceeded to dismiss the petition.
