The Leaflet

| @theleaflet_in | September 26,2018

A three-judge bench consisting of the Chief Justice of India (CJI) Dipak Misra, Justices A M Khanwilkar and D Y Chandrachud has dismissed a petition filed by advocate R P Luthra and others, seeking quashing of the appointment of Justice Ranjan Gogoi as the next Chief Justice of India.  In their plea, advocates R P Luthra and Satyaveer Sharma had said they were seeking adjudication of the question of law relying on the contents of the press conference of January 12, called by four senior judges (Justices Chelameswar (since retd), Ranjan Gogoi, Madan B Lokur and Kurian Joseph) of the apex court.

Luthra further said “the petitioners are aggrieved of the actions and omissions on the part of respondent 1 (Union of India) and respondent 2 (Chief Justice of India), which has resulted into appointment of respondent 3 (Justice Ranjan Gogoi) as the Chief Justice of India instead of reprimanding him for his illegal and anti-institutional act”.

The petition had claimed that the act of Respondent 1 and Respondent 2 “is illegal and unconstitutional and also against the canons of law because the appointment on highest post of judiciary has been awarded to a person who is guilty of committing judicial impropriety and judicial misconduct”.

Today, when the matter was taken up for hearing, Luthra argued that the Court first should decide whether the present bench was competent to hear this case, since the present CJI himself has been arrayed party to the petition. However, neither this argument nor the arguments against the appointment of Justice Ranjan Gogoi as next CJI find favour from the bench presided over the incumbent CJI Dipak Misra. When Luthra stated before the Court that certain allegations were made against the present CJI by four senior-most judges including Justice Gogoi, the CJI responded by saying that the calmness of the Pacific was more interesting than anything else, while dismissing the petition as being devoid of merit.

 

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