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SC Dismisses Plea Against Justice Gogoi 's Appointment As Next Chief Justice Of India

26 Sep 2018 8:49 AM GMT
SC Dismisses Plea Against Justice Gogoi
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The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Wednesday dismissed the writ petition of Quo Warranto filed by Advocate R. P. Luthra, challenging Justice Ranjan Gogoi’s elevation as the next CJI.

“The basis of filing of the petition is the unprecedented press conference (held by Justice J. Chelameswar, Justice Gogoi, Justice Madan B. Lokur and Justice Kurian Joseph on January 12)....”, began Mr. Luthra.

“There is no question of putting your case. This is not a matter which can be argued. Heard and dismissed”, stated the Chief Justice, cutting through.

“Can this Petition even be before this bench? Your Lordship (Chief Justice Misra) is respondent no. 2 here! Where is the question of dismissal? It is the golden rule of the justice delivery system that one cannot be a judge in his own cause!”, persisted the petitioner-in-person.

“A writ of quo warranto could be a letter which is then taken up by the court. we have taken up your petition but we find no merits. You have brought it to our notice but we do not find it to be a matter where we interfere”, repeated the Chief Justice.

“Am I not a citizen? Do I have the right to address the court or not? When the CJI is abused and is called corrupt, can a citizen not do anything?....Your Lordships are condemning a citizen! First the question whether this bench can hear this petition has to be determined. Then I shall accept with pleasure whatever is the decision”, Mr. Luthra refused to relent.

“Please Accept our order gracefully. Your writ of quo warranto is devoid of merit”, asserted Chief Justice Misra.

In the course of the brief hearing, when the Advocate raised his voice in passionately urging the bench to allow him to make his case, the Chief Justice remarked that “calmness is more of interest than anything else” and that “pacificity be added to any cruelty”.

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