PIL Challenges Justice Khehar’s Appointment As The Next Chief Justice Of India

Justice Jagdish Singh Khehar will be the 44th Chief Justice of India. He will be sworn in as CJI on January 4, 2017. (Source: PTI)

Just days before Supreme Court Justice JS Khehar takes over as the Chief Justice of India, a petition has been filed in the Supreme Court seeking that he be superseded by Justice J Chelameswar.

The petition argues that Justice Khehar presiding over the National Judicial Appointment Commission (NJAC) case was a conflict of interest, since he is the first beneficiary of the NJAC being set aside.

The petition says, “While deciding the NJAC case, Hon'ble Shri Justice Khehar certainly was deciding a case where His Lordship's own appointment as the CJI was involved, is a a case of manifest conflict of interest.”

The petitioner does heap praises on Justice Khehar saying nobody could question his honesty and uprightness, but his involvement in the NJAC case, could later put him in an uncomfortable position.

It can not be denied that even today many lawyers say that Hon'ble Shri Justice Khehar failed to foresee the inevitable fallout of His Lordship presiding over the Constitution Bench in the NJAC case and quashing the Constitution (Ninety-ninth Amendment) Act, 2014 and the National Judicial Appointment Commission Act, 2014 as unconstitutional.”

Public Interest Litigation

The case came up for hearing in Justice Ranjan Gogoi's court who recused himself from the matter. According to counsels and media reports, the top court has posted the plea to be heard during the winter break.

Instances From The Past

This is not the first time that objections have been raised against Justice Khehar presiding over the NJAC case. There were requests that he recuse himself even while the hearing was going on.

Justice Khehar though, had defended his stance, while delivering the verdict,

If I were to accede to the prayer for my recusal, I would be initiating a wrong practice, and laying down a wrong precedent. A Judge may recuse at his own, from a case entrusted to him by the Chief Justice. That would be a matter of his own choosing. But recusal at the asking of a litigating party, unless justified, must never to be acceded to. For that would give the impression, of the Judge had been scared out of the case, just by the force of the objection. A Judge before he assumes his office, takes an oath to discharge his duties without fear or favour. He would breach his oath of office, if he accepts a prayer for recusal, unless justified. It is my duty to discharge my responsibility with absolute earnestness and sincerity. It is my duty to abide by my oath of office, to uphold the Constitution and the laws. My decision to continue to be a part of the Bench, flows from the oath which I took, at the time of my elevation to this Court.”

Justice Khehar in the NJAC verdict

The present Chief Justice of India, TS Thakur has already recommended Justice Khehar's name as his successor in the Supreme Court, when he retires on January 3, 2017. The President of India though, is yet to officially announce, Justice Khehar's name as the next Chief Justice of India.