Supreme Court is scheduled to hear a petition challenging the appointment of Justice Ranjan Gogoi as the next and 46th Chief Justice of India on September 26 .
The petition has been filed by advocate RP Luthra and Satyabir Sharma. The petition stated that Justice Gogoi was one of the four senior most judges of the Supreme Court who held a press conference on January 12 about the selective allocation of sensitive cases by recent CJIs.
Advocate Luthra portrayed that as an “anti-institutional act” and said it was “no less than a sabotage”. He alleged that it was meant to “arouse public furore in the country in the names of certain internal differences in this court”.
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 plea 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 stated 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 cancelling of the order of appointment of Justice Ranjan Gogoi as the Chief Justice of India with effect from October 3.
Chief Justice Misra had recommended Justice Gogoi as the next senior-most judge to be the CJI in accordance with convention. The government had shown no objection and President appointed Justice Gogoi as the 46th Chief Justice of India on September 3.
Justice Gogoi is scheduled to assume office on October 3.