The Supreme Court on Wednesday dismissed a plea seeking to restrain its senior-most judge, Justice D Y Chandrachud, from taking oath as the Chief Justice of India on Nov. 9 by terming it "completely misconceived".
"Having heard the learned counsel for the petitioner, 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 comprising Chief Justice Uday Umesh Lalit and justices S Ravindra Bhat and Bela M Trivedi said in the order.
Earlier in the forenoon, the bench agreed to hear the plea at 12.45 itself, instead of Thursday as urged by the counsel for petitioner Mursalin Asijith Shaikh.
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"Get the paper books for my brother and sister (justices S Ravindra Bhat and Bela M Trivedi). We will list the matter at 12.45 pm today itself," the CJI said.
During the brief hearing, the lawyer 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.
While the similar relief was declined to a junior counsel, the lawyer said.
"Sorry sir, we do not see any substance in this," the bench said.
When the lawyer sought to argue in the afternoon, the bench declined the request saying, "Whatever you wish to argue, argue right now."
The bench stopped the lawyer from making allegations pertaining to a judicial order and later dismissed the petition.
Earlier also, Bar bodies like the Bar Council of India and the Supreme Court Bar Association had strongly condemned the "vilification" of senior-most judge Chandrachud and termed the allegation of misuse of office against him as an attempt to 'malign' his image while he was being considered for elevation as the CJI.
The bar bodies had deprecated the complaint of one "Supreme Court and High Court Litigant Association" with the President of India and others against the judge.
Justice Chandrachud will now take over as the 50th Chief Justice of India on Nov. 9, a day after CJI Lalit demits office.
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