'Misconceived,' Supreme Court junks plea against CJI-designate

New Delhi, November 2

The Supreme Court today dismissed a plea seeking to restrain Chief Justice of India-designate DY Chandrachud from taking oath as the 50th CJI on November 9, saying it was a “completely misconceived” petition.

“We see no reason to entertain the petition. In our considered view, the entire petition is completely misconceived and the petition is, therefore, dismissed,” a three-judge Bench led by CJI UU Lalit said.

The Bench, which also included Justice S Ravindra Bhat and Justice Bela M Trivedi, earlier agreed to hear the plea at 12.45 pm. “Get the paper books for my brother and sister (Justice Bhat and Justice Trivedi). We will list the matter at 12.45 pm today itself,” the CJI told petitioner Mursalin Asijith Shaikh, who wanted the Bench to take up the matter on Thursday.

The petitioner’s counsel objected to CJI Lalit hearing the case, saying he had recommended Justice Chandrachud’s appointment as his successor. He referred to alleged instances pertaining to the hearing related to Covid-19 case and alleged that a plea, argued by a senior lawyer, was allowed to be tagged. When the lawyer sought to argue in the afternoon, the Bench said, “Whatever you wish to argue, argue right now.”

The petition was filed on the basis of a representation made by one Rashid Khan Pathan before the President against Justice Chandrachud, which went viral on social media platforms. The Bar Council of India, the Supreme Court Bar Association and several other Bar bodies condemned it as “vilification” and termed the allegations as an attempt to “malign” his image on the eve of elevation as the CJI. The Bench stopped the lawyer from making allegations pertaining to a judicial order and went on to dismiss the petition.