SC dismisses plea against elevation of Justice Chandrachud, calls it ‘misconceived’

The counsel appearing for the petitioner mentioned it before the bench, also comprising Justices Ravindra Bhat and Bela M Trivedi, and sought urgent hearing on Thursday. The court, however, decided to hear it on Wednesday itself.

The petition was based on a communication addressed to the President against the CJI-designate by one Rashid Khan Pathan from Mumbai. Various organisations of lawyers had issued statements condemning it when the letter was first circulated in social media sometime back.

As the proceedings began on Wednesday, the counsel wondered if the CJI should be hearing it due to conflict of interest as he had already recommended Justice Chandrachud to succeed him in the high office. But the CJI said the bench was only trying to see if the petitioner had made out a case or not with his allegations.

The counsel said Justice Chandrachud had heard and passed an order in an appeal in a matter in which his son had appeared before Bombay High Court. When a family member is appearing in the matter, the matter should not have been heard by Justice Chandrachud, he contended. The counsel pointed out although a Bar body had said that the judge was not aware of the fact that his son appeared in the matter, it could not be so as the High Court order sheet was annexed to the appeal.

The court then asked the counsel to show proof that the said order was attached to the appeal paper book. The counsel could not find it immediately in his documents and urged the court to post the matter for Thursday. But the CJI refused to adjourn and told him, “Whatever you wish to argue, you argue now.”

The counsel said Justice Chandrachud had “forced” litigants to take vaccine, apparently referring to the refusal of the bench headed by him to stop the vaccination introduced in the wake of the Covid10 epidemic. The court, however, was not convinced by his arguments and dismissed the plea.