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Delhi HC recuses from hearing review plea challenging CJI's appointment

The bench was dealing with Sanjeev Kumar Tiwari's plea, which has now been referred before another bench

Delhi High Court

The right to protest peacefully without arms is a fundamental right under Article 19(1)(b) of the Constitution and has not been outlawed yet, the Delhi HC said

IANS New Delhi

A division bench -- Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad -- of the Delhi High Court has recused itself from hearing a review plea against an order quashing a PIL challenging the appointment of Justice Dhananjaya Yashwant Chandrachud as the 50th Chief Justice of India (CJI).

The bench was dealing with Sanjeev Kumar Tiwari's plea, which has now been referred before another bench.

The HC through the impugned order had imposed a cost of Rs 1 lakh on the petitioner. The bench had then also observed that the plea was filed to gain publicity.

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

 

Petitioner's allegations being defamatory, the counsel for Centre submitted before the court that a strict action should be taken against Tiwari.

A similar argument was previously rejected by the Supreme Court on the grounds that it was ill-conceived and without merit.

The petitioner's lawyer had claimed that Justice Chandrachud does not deem fit to take an oath since his son is appearing in a matter before the Bombay High Court and then him passing an order in the same case.

The plea to delay Justice Chandrachud's taking the oath of office as India's next Chief Justice was dismissed by the bench of the then CJI U.U. Lalit after it was determined that the claims of conflict of interest against him lacked validity.

Succeeding the CJI U.U. Lalit, Justice D.Y. Chandrachud was administered oath as the 50th Chief Justice of India on November 9, 2022.

CJI Chandrachud will serve till 10 November, 2024.

Born on November 11, 1959, Justice Chandrachud was appointed as the Supreme Court judge on May 13, 2016. Before that, he had served as the Chief Justice of Allahabad High Court from October31, 2013 until his appointment to the Supreme Court.

--IANS

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(Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)

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First Published: Jan 13 2023 | 2:29 PM IST

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