New Delhi: Weeks after he recommended Justice Ranjan Gogoi as the next Chief Justice of India, CJI Dipak Misra will on Wednesday hear a plea challenging the appointment.
Petitioner advocate RP Luthra has accused Justice Gogoi of being “guilty” of “committing judicial impropriety and judicial misconduct” by talking to the media on judicial proceedings at the Supreme Court.
A bench of Chief Justice Dipak Misra and Justice A M Khanwilkar and D Y Chandrachud has asked the petitioner to file the mentioning memo before the court master.
According to PTI, Luthra, who mentioned the matter before the bench, said the court should fix a date for hearing as it is an urgent matter.
"You wait and see. You give the mentioning memo, we will see to it," the bench said, reported PTI.
In their plea, Luthra along with petitioner advocate Satyaveer Sharma said they are looking for a judgment on the question of law. The advocates have based their arguments on the contents of the press conference of January 12, called by four senior most judges of apex court — Justices Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph.
The plea said the petitioners were also relying on an undated letter addressed to the Chief Justice of India that was circulated by the four judges among media persons.
"This act of the four senior most judges of the court was not less than a sabotage to the judicial system of the country. They tried to arouse public furore in the country in the names of certain internal differences in this court," the plea said.
It said that "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 said that 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".
The plea has sought quashing of the order of appointment of Justice Ranjan Gogoi as the Chief Justice of India with effect from October 3.
On September 3, the president appointed Justice Gogoi as the 46th Chief Justice of India after being Justice Misra’s recommendation. Justice Gogoi will take oath on October 3 after incumbent CJI Misra retires.
Justice Gogoi will be the first Chief Justice of India from Assam.
Justice Gogoi would have a tenure as Chief Justice of India of about 13 months till his retirement on November 17, 2019.
(With PTI inputs)