It Has Become Fashion To Approach Court By Making Scandalous Allegations Against Judges: Delhi HC While Dismissing PIL Against CJI
While dismissing the Public Interest Litigation filed against the appointment of Chief Justice of India DY Chandrachud, the Delhi High Court has observed that it has now become fashion to approach the Court by making scandalous allegations against the Judges.
The bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad noted that the instant petition was filed only to gain publicity without there being any material to support the averments made in the writ petition.
"The Petitioner in the instant writ petition has made scandalous allegations against the former Chief Justices of India without there being any material in support of the same filed along with the writ petition. It is unfortunate that allegations have been made against other high dignitaries, including the Union Law Minister. The instant Petition appears to be more of a publicity oriented litigation instead of a public interest litigation.", the bench observed.
ASG Chetan Sharma with CGSC Kiritman Singh and Advocates Amit Gupta, Saurabh Dubey, Madhav bajaj, Kunjala Bhardwaj represented the Respondents.
Petitioner-Sanjeev Kumar Tiwari had stated that Articles 124A, 124(2) and 124(3) of the Constitution should be followed in the matter of appointment to the office of the Chief Justice of India. He prayed for interim relief restraining the Chief Justice of India designate to take oath.
The Court observed that "This Court has carefully gone through Articles 124A, 124(2) and 124(3) of the Constitution of India. The provisions of Article 124 of the Constitution of India have certainly been followed in the matter of appointment of the Chief Justice of India."
The Court noted that the prayers urged in the instant petition were not only against the genesis of a social interest litigation, but also revolt against the dignity of the constitutional office.
"The noble intentions that liberalized the rule of locus stand and permitted public spirited citizens to approach the constitutional courts, for the vindication of rights of those who find themselves incapable to do so, are confronted with a sad reality in litigations like the present one. What is recognized in a court of law is a 'cause of action' and not an action without a cause. It is a classic case of an action without a cause, full of surmises, conjectures and wishful thinking.", the Court noted.
The Court dismissed the PIL with costs of Rs. 1 Lakh to be deposited with the Armed Forces Battle Casualties Welfare Fund.
Cause Title- Sanjeev Kumar Tiwari v. Union of India and Ors.
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