LI Network
Published on: 13 January 2023 at 19:54 IST
Delhi High Court Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad recused from hearing a plea seeking review of its order dismissing a challenge to the appointment of Justice D Y Chandrachud as the Chief Justice of India (CJI).
Delhi High Court Bench that certain allegations have also been levelled against them in the petition, and said it cannot hear the case.
The counsel appearing for the Centre said he will be pressing for initiation of contempt proceedings against the petitioner.
“The petitioner fails to understand the provisions of law which debars the petitioner from approaching the high court with a request to ensure compliance of various provisions of the Constitution for appointment of Chief Justice of the Supreme Court of India or use of Hindi language in courts,”.
The court had observed that Article 124 (Establishment and constitution of Supreme Court) of the Constitution has followed in the matter of the appointment of the CJI.
Bench observed, “it has now become fashion to approach the court by making scandalous allegations against judges“.
The petitioner, who claimed to be the national president of an organisation named Gram Uday Foundation, had alleged that the appointment of the CJI was against the provisions of the Constitution.
The high court had said that the petition was filed to gain publicity and that it went against the genesis of a social interest litigation and was nothing but an abuse of process of law.
Supreme Court added, “The petitioner in the instant writ petition has made scandalous allegations against the former Chief Justices of India without there being any material in support of the same filed along with the writ petition. It is unfortunate that allegations have been made against other high dignitaries, including the Union Law Minister. The instant petition appears to be more of a publicity oriented litigation instead of a public interest litigation,”.
It had observed that the PIL was developed as a powerful tool to espouse the case of the marginalised and oppressed sections of society but it is increasingly being abused by “publicity mongers” for “cheap popularity” and many times pleas are to “blackmail people”.
