Express News Service
NEW DELHI: The Supreme Court on Wednesday rejected a plea which sought to restrain Justice DY Chandrachud from taking oath as the 50th CJI on November 9, 2022.
Terming the plea as “misconceived”, a bench of CJI UU Lalit, Justices SR Bhat and Bela M Trivedi in their order said, “We see no reason to entertain the plea. The plea is misconceived & it is therefore dismissed.”
The top court’s order came in a plea which was filed on the basis of a complaint preferred by Rashid Khan Pathan who made allegations against Supreme Court judge Justice D Y Chandrachud of “misuse of office”. The plea was filed by one Mursalin Asijith Shaikh.
Although the plea was not originally listed before the bench, upon being mentioned, the bench considering the nature of the prayers had decided to take up the same at 12:45, instead of Thursday.
At the outset, the counsel while expressing his reservation with regard to CJI UU Lalit hearing the plea said, “There is a likelihood of conflict of interest since CJI UU Lalit had recommended the name of Justice DY Chandrachud as his successor.”
“Why will there be a conflict of interest? We’re only on the point of whether you’ve made out the case or not,” CJI UU Lalit remarked.
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In an attempt to persuade the judges, the counsel argued that in a case related to COVID vaccination, a bench headed by Justice Chandrachud had allowed the tagging of a plea argued by a senior counsel but did not grant similar relief to a junior counsel who sought the tagging of another plea.
“Some binding precedents have not been followed by the judge and thus he has committed contempt. The judge had forced the litigant and lawyer to take the vaccine,” he added.
The counsel also contended that a bench headed by Justice Chandrachud had also heard a Special Leave Petition (SLP) arising out of Bombay HC in which his son had appeared.
Unimpressed by the submissions, the bench while terming the plea as misconceived junked the plea.
The Bar Council of India (BCI) and the Supreme Court Bar Association (SCBA) have issued statements condemning the letter circulated against Justice Chandrachud.
NEW DELHI: The Supreme Court on Wednesday rejected a plea which sought to restrain Justice DY Chandrachud from taking oath as the 50th CJI on November 9, 2022.
Terming the plea as “misconceived”, a bench of CJI UU Lalit, Justices SR Bhat and Bela M Trivedi in their order said, “We see no reason to entertain the plea. The plea is misconceived & it is therefore dismissed.”
The top court’s order came in a plea which was filed on the basis of a complaint preferred by Rashid Khan Pathan who made allegations against Supreme Court judge Justice D Y Chandrachud of “misuse of office”. The plea was filed by one Mursalin Asijith Shaikh.
Although the plea was not originally listed before the bench, upon being mentioned, the bench considering the nature of the prayers had decided to take up the same at 12:45, instead of Thursday.
At the outset, the counsel while expressing his reservation with regard to CJI UU Lalit hearing the plea said, “There is a likelihood of conflict of interest since CJI UU Lalit had recommended the name of Justice DY Chandrachud as his successor.”
“Why will there be a conflict of interest? We’re only on the point of whether you’ve made out the case or not,” CJI UU Lalit remarked.
ALSO READ | Delivery man of landmark verdicts in supreme court: Justice DY Chandrachud
In an attempt to persuade the judges, the counsel argued that in a case related to COVID vaccination, a bench headed by Justice Chandrachud had allowed the tagging of a plea argued by a senior counsel but did not grant similar relief to a junior counsel who sought the tagging of another plea.
“Some binding precedents have not been followed by the judge and thus he has committed contempt. The judge had forced the litigant and lawyer to take the vaccine,” he added.
The counsel also contended that a bench headed by Justice Chandrachud had also heard a Special Leave Petition (SLP) arising out of Bombay HC in which his son had appeared.
Unimpressed by the submissions, the bench while terming the plea as misconceived junked the plea.
The Bar Council of India (BCI) and the Supreme Court Bar Association (SCBA) have issued statements condemning the letter circulated against Justice Chandrachud.
