Delhi High Court Chief Justice Led Bench Recuses From Hearing Plea Seeking Review Of Order Dismissing PIL Against CJI Chandrachud’s Appointment

The Delhi High Court’s Chief Justice-led bench on Friday recused itself from hearing a plea seeking review of an order dismissing the public interest litigation that had last year challenged the appointment of Chief Justice of India DY Chandrachud.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing the matter. The review plea raised objections in the manner the PIL was dismissed, making allegations against the bench. In this backdrop, the Chief said it will be better if some other bench hears the matter.

The petitioner Sanjeev Kumar Tiwari in the PIL had argued that the appointment of Justice Chandrachud was made in violation of the provisions of the constitution. He had prayed for an immediate stay on Justice Chandrachud's appointment.

Appearing for the Central Government, Advocate Kirtiman Singh said the review plea is scandalous.

While dismissing the PIL, the bench in November 2022 had observed that the offices held by constitutional functionaries are not open to denigration by "self-styled warriors of public interest" on the basis of superficial allegations, having no basis in law or fact.

Calling the plea a classic case of 'wishful thinking', the bench had termed it as a fit case to be "crushed at the threshold" in the strongest terms.

The court had also noted that various scandalous allegations have been made in the PIL against the former Chief Justices of India without there being any material to support the same.

Tiwari, who called himself "a well-trained intelligent common citizen of the nation of India", in the PIL had said that an inquiry should be conducted by the security agencies against the new CJI to ascertain he "does not have any kind of relation with the anti-nationals and Naxalite Christian terrorists".

He had also claimed that Justice Chandrachud "will be aware in destroying the traitors who are plotting to assassinate the Prime Minister." 

Title: SANJEEV KUMAR TIWARI v. UNION OF INDIA AND ORS