The Bench noted there was no specific allegation against Justice Misra’s elevation and dismissed the petition with Rs 10 lakhs costs each.
New Delhi: The Supreme Court has declined to entertain two petitions challenging the appointment of Justice Dipak Misra as the next Chief Justice of India to succeed the present incumbent Justice JS Khehar.
A Bench of Justices AK Sikri and DY Chandrachud on Friday dismissed the petition filed by National Lawyers Campaign for Judicial Transparency and Reforms, as none appeared when the case was called.
The Bench in its brief order said “We fail to understand the reason for absence after mentioning the matter in the morning for urgent listing. May be, the entire exercise was done just to gain some limelight in the media with no seriousness to press the writ petition. We are, thus, left with no alternative but to dismiss this petition for non-prosecution.”
On August 24, a Bench of CJI Khehar and Justice Chandrachud had slapped a cost of Rs 10 lakhs each on two petitions, on controversial baba Swami Omji, who was one of the contestants in Big Boss 10 and a Delhi-based engineer, for filing a public interest petition questioning Justice Misra’s appointment for publicity.
Both of them appeared in person in the court and argued in Hindi that under Article 124 (2), (3) and (A) of the Constitution, nowhere it was mentioned that the CJI to recommend the name of a judge for the next CJI, rather the President of India should make the appointment.
The Bench took note of the fact that there was no specific allegation against Justice Misra’s elevation and dismissed the petition with Rs 10 lakhs costs each.