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This is an archive article published on November 2, 2022

‘Misconceived’: SC dismisses plea seeking to restrain Justice D Y Chandrachud from taking oath as CJI

The petition was filed on the basis of a complaint by one Rashid Khan Pathan who alleged Chandrachud of “misuse of office”.

Supreme Court judge Justice D Y Chandrachud. (Express Archive)Supreme Court judge Justice D Y Chandrachud. (Express Archive)

The Supreme Court on Wednesday dismissed a petition seeking to restrain Justice D Y Chandrachud from taking oath as the next Chief Justice of India on November 9. A bench headed by Chief Justice Uday Umesh Lalit called the petition ‘completely misconceived.’

“We see no reason to entertain this petition. The entire plea is completely misconceived. Thus dismissed,”  Bar and Bench quoted the Court order.

The petition counsel took exception to CJI U U Lalit hearing it as he had recommended J Chandrachud as his successor. The counsel argued that Chandrachud had heard an appeal in a case in which his son was counsel before the Bombay High Court.

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The petition also mentioned a complaint by one Rashid Khan Pathan who accused Chandrachud of “misuse of office”. But following the complaint, the Bar Council of India and the Bombay Bar Association (BBA) backed the judge and requested authorities concerned not take any cognisance of the complaint.

Justice Chandrachud who is set to take oath on November 9 as the 50th Chief Justice of India will succeed CJI U U Lalit, who is due to retire on November 8. He was named by justice UU Lalit as per seniority and was approved by President Droupadi Murmu. Justice Chandrachud will have a relatively long tenure of two years and is due to retire on November 10, 2024 — this will be the CJI longest tenure in almost a decade.

During Chandrchud’s tenure in SC, he penned crucial verdicts, including the landmark Constitution Bench rulings recognising privacy as a fundamental right, decriminalising homosexuality, and decriminalising adultery, among others.

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