Terming it as "completely misconceived", the Supreme Court on Wednesday dismissed a plea seeking to restrain Justice DY Chandrachud?from taking oath as the Chief Justice of India on November 9.
The petition was based on a representation filed by one Rashid Khan Pathan before the President of India against Justice Chandrachud.
In a case related to Covid vaccination, the counsel submitted that when a senior advocate appeared, Justice Chandrachud's bench allowed tagging. Still, when a junior advocate appeared, no tagging was allowed.
He further argued that Justice Chandrachud's bench heard a special leave petition from an order in the Bombay High Court in which his son had appeared as a counsel.
In other reasoning, the petitioner said that Justice Chandrachud had also forced the litigant to take the COVID vaccine.
The petitioner mentioned the plea seeking an urgent hearing on it.
The SC bench of Chief Justice UU Lalit, Justice S Ravindra Bhat and Justice Bela M Trivedi agreed to hear the plea at 12.45 itself, instead of Thursday as urged by the counsel for petitioner Mursalin Asijith Shaikh.
"Get the paper books for my brother and sister (justices S Ravindra Bhat and Bela M Trivedi). We will list the matter at 12.45 pm today itself," the CJI said.
"Sorry sir, we do not see any substance in this," the bench said, during the brief hearing.
"Having heard the learned counsel for the petitioner, we see no reason to entertain the petition. In our considered view, the entire petition is completely misconceived, and the petition is therefore dismissed," the three-judge bench said.
When the lawyer sought to argue in the afternoon, the bench declined the request saying, "Whatever you wish to argue, argue right now."
The bench stopped the lawyer from making allegations about a judicial order and later dismissed the petition.
Earlier also, Bar bodies like the Bar Council of India and the Supreme Court Bar Association (SCBA) had strongly condemned the "vilification" of senior-most judge Chandrachud. They termed the allegation of misuse of office against the judge as an attempt to "malign" his?image while he was being considered for elevation as the CJI.
Justice Chandrachud will now take over as the 50th Chief Justice of India on November 9, a day after CJI Lalit demits office.
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