The Supreme Court of India today dismissed a petition that sought to restrain Justice D Y Chandrachud from taking oath on November 9 as the Chief Justice of India.
While hearing the petition, the bench of Chief Justice of India UU Lalit, Justice Bela M Trivedi and Justice PS Narasimha termed it ‘misconceived’. The petition was filed by one Mursalin Asijith Shaikh.
The allegations against Justice Chandrachud
The petition came out of a representation filed by one Rashid Khan before the President of India against Justice Chandrachud. The complaint took the social media to storms and consequently, Bar Council of India (BCI) in a statement said, “Country has complete faith in Justice Chandrachud.”
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The petition mentioned that in a case related to covid vaccination when a senior advocate appeared the bench of Justice Chandrachud allowed tagging while for a junior advocate it was not allowed.
It also pressed a grave allegation against the Justice Chandrachud saying that he himself heard a Special Leave Petition arising out of an order of Bombay High Court where his son was a counsel. Pointing out that BCI had taken note of it, the petition said, “This is an admitted matter, the BCI said that learned judge was not aware that his son was appearing. It cannot be, as the order was annexed.”
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The Response of CJI U U Lalit
Responding to it, the CJI asked whether the counsel could show that the Special Leave Petition had the annexure where the name of Justice Chandrachud’s son as counsel was mentioned. “Show us that the order was part of the paper book?” Justice Lalit asked.
The counsel as couldn’t manage to find the annexure asked to adjourn the case for tomorrow. CJI Lalit clarified that he agreed to hear the case today only on the ground of the urgent appeal from the counsel’s side. “You said that you were prepared and that is why we decided to hear,” he added.
Early scheduling of the case
The case was though not enlisted for today’s hearing, the petitioner’s counsel urged for urgent listing. The counsel wanted to list it tomorrow but CJI Lalit said that his bench would prefer to hear it today itself from 12.45 pm.
As the counsel couldn’t produce anything substantive, the apex court dismissed the case The counsel in the beginning however questioned Justice Lalit’s authority to hear the case as well as he recommended the name of Justice Chandrachud as the next CJI.
Justice D Y Chandrachud is known for his progressive judgements. From his verdicts on right to privacy to the latest ban on two finger tests during the investigation of rape cases, he has been an exemplary upholder of constitutional values and fundamental rights. He is going to take over as the 50th Chief Justice of India on November 9.
