Justice Ranjan Gogoi's appointment as next CJI challenged, SC to hear plea on Wednesday

The matter will be taken up by a bench of CJI Dipak Misra, Justice AM Khanwilkar and DY Chandrachud.

NEW DELHI: The Supreme Court on Tuesday agreed to hear a plea challenging the appointment of Justice Ranjan Gogoi as the next Chief Justice of India.

A bench of Chief Justice Dipak Misra, Justice AM Khanwilkar and DY Chandrachud asked petitioner advocate RP Luthra to file the mentioning memo before the court master.

The top court bench will take up the case on Wednesday.

Luthra, who mentioned the matter before the bench, had urged the top court to fix a date for hearing saying it is an urgent matter.

Replying to the plea, the bench said, "You wait and see. You give the mentioning memo, we will see to it." 

In their plea, Luthra along with petitioner advocate Satyaveer Sharma said they are seeking adjudication of the question of law for which they are relying on the contents of the press conference of January 12, called by four senior judges (Justices Chelameswar (since retd), Ranjan Gogoi, Madan B Lokur and Kurian Joseph) of the apex court.

The plea said the petitioners were also relying on an undated letter addressed to Chief Justice of India and circulated by the four apex court judges.

The petitioners claimed that this (January press meet) act of the four senior most judges of the court was not less than a sabotage to the judicial system of the country. 

''The four top judges tried to arouse public furore in the country in the names of certain internal differences in this court," the plea said.

It said that "the petitioners are aggrieved of the actions and omissions on the part of respondent 1 (Union of India) and respondent 2 (Chief Justice of India), which has resulted into appointment of respondent 3 (Justice Ranjan Gogoi) as the Chief Justice of India instead of reprimanding him for his illegal and anti-institutional act".

The petition said that act of Respondent 1 and Respondent 2 "is illegal and unconstitutional and also against the canons of law because the appointment on highest post of judiciary has been awarded to a person who is guilty of committing judicial impropriety and judicial misconduct".

The plea also sought quashing of the order of appointment of Justice Ranjan Gogoi as the Chief Justice of India with effect from October 3.

It may be recalled that President Ram Nath Kovnd appointed Justice Gogoi as the 46th Chief Justice of India on September 3. 

Justice Gogoi is scheduled to take the oath of office and secrecy on October 3 after incumbent Chief Justice Dipak Misra retires.

Justice Gogoi will also be the first Chief Justice of India from Assam. 

The warrant of appointment of Justice Gogoi as Chief Justice had come in less than 10 days after Chief Justice Dipak Misra recommended his name as his successor. 

Justice Gogoi would have a tenure as Chief Justice of India of about 13 months till his retirement on November 17, 2019.

(With Agency Inputs)