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This is an archive article published on November 11, 2022

Delhi HC dismisses plea against appointment of D Y Chandrachud as CJI, imposes cost of Rs 1 lakh

The division bench observed that the petition was not a public interest litigation but ‘publicity oriented’

CJI D Y Chandrachud.(Express File Photo)CJI D Y Chandrachud.(Express File Photo)

The Delhi High Court Friday dismissed a public interest litigation plea challenging the appointment of the 50th Chief Justice of India (CJI) D Y Chandrachud.

Dismissing the plea, a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed that the petition was not a public interest litigation (PIL) but was “publicity oriented”. The court also imposed a cost of Rs 1 lakh on the litigant.

“The present petition has been filed only to gain publicity without there being any material,” the court said. The court further observed that allegations had been made against other high dignitaries, including the law minister.

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The petitioner had argued that the appointment of the Chief Justice of India was against the provisions of the Constitution and sought a stay on his appointment. The CJI took oath on Wednesday.

The plea further stated that an inquiry should be conducted by security agencies against CJI Chandrachud to find out if he has any “kind of relation with anti-nationals and Naxalite Christian terrorists”.

The plea further prayed that Article 124 of the Constitution should be followed in the “appointment of the newly appointed Chief Justice and the appointment of the newly appointed Chief Justice, Shri Dhananjay Yashwant Chandrachud, being done in violation of the provisions of the Constitution, should be stopped with immediate effect”.

In his interim relief the litigant had sought that the oath taking ceremony by CJI Chandrachud on November 8 should be stayed with immediate effect. The plea further prayed that “until the appointment of the Chief Justice, one of the existing Judges should be made acting Chief Justice under Article 126 of the Constitution”.

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Plea sought “strictest disciplinary action” against the Secretary General of the Supreme Court and other officers who are “constantly harassing” litigants by violating the Official Language Rules and new appointments should be made in their place who are “Hindi speaking people”. The petition claims that the “official language of the Union of India is Hindi” however the registry did not accept their petitions as it was filed in Hindi.

Last week, the Supreme Court had dismissed a similar plea saying that it was “completely misconceived”.

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