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Synopsis

The Delhi High Court bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad has recused from hearing a review petition against an order dismissing a Public Interest Litigation (PIL) challenging the appointment of Justice DY Chandrachud as the 50th Chief Justice of India (CJI).

The High Court through the impugned order had imposed a cost of Rs. 1 lakh on the petitioner, Sanjeev Kumar Tiwari. The division bench had then also observed that the plea was filed “to gain publicity”.

The bench led by Chief Justice Sharma has recused from the matter as the impugned order dismissing the PIL has also been passed by the same bench.

Advocate Kirtiman Singh appearing for the Central Government submitted that stern action should be taken against the petitioner as the allegations are scandalous. However, the bench has referred the matter to another bench.

Justice Dhananjaya Yashwant Chandrachud was sworn in as the 50th Chief Justice of India on November 8, 2022. President Droupadi Murmu administered him the oath of office at a brief ceremony held at the Rashtrapathi Bhavan.

Chandrachud will serve as the CJI for two years. He took over former CJI UU Lalit, who retired on November 8, 2022.

Earlier, the Apex Court had also dismissed a similar plea stating it as misconceived and without merit. The petitioner lawyer’s argument, inter alia, was that the upcoming CJI in line Justice DY Chandrachud was not fit to take oath in light of his son appearing in a case in Bombay HC and then him passing an order in the same case.

The then CJI UU Lalit bench had found no merit in the allegations of conflict of interest against Justice Chandrachud, accordingly, had junked the plea seeking to stall his oath-taking as India’s next Chief Justice.

Case Title: Sanjeev Kumar Tiwari v. Union of India & Ors.