Wednesday 7 December 2022
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PoliticsIndiaDY Chandrachud accused of benefiting son, misusing Supreme Court's power

DY Chandrachud accused of benefiting son, misusing Supreme Court’s power

Justice DY Chandrachud of the Supreme Court, who is supposed to be the next chief justice of India, has been accused of hearing a case that he did not qualify to hear due to a conflict of interest. 

RK Pathan, claiming to be the president of the Supreme Court and High Court Litigants Association of India, has written to President Draupadi Murmu, arraying the Advocate Abhinav Chandrachud, the son of Justice Chandrachud who is practising at the Bombay High Court, as an accused. The complainant says that the advocate is representing one Sagar Suryavanshi and one Sheetal Tejwani who are allegedly the masterminds behind a for which FIR No. 806 of 2019 has been registered at Pimpri, Pune, involving extortion of money from people.

"..in relation to the FIR No. 806/2019, Adv. Abhinav Chandrachud appeared on behalf of Sheetal Tejwani in Writ Petition No. 3093/2021 which is connected with various Writ Petitions such as Writ Petition No. 4134 of 2019", the complaint says.

The complaint says that the main accused Sagar Suryavanshi also filed one intervention through one Anita Chavan in relation to a similar chain of FIRs by making her a complainant, which was rejected by the High Court.

"Having perceived an adverse atmosphere and having realized that their plan to commit extortion is failed, all the accused including Adv. Abhinav Chandrachud and Justice D.Y. Chandrachud hatched a further conspiracy to exert pressure upon the other Petitioners & also upon the High Court. In furtherance of the said conspiracy said Anita K. Chavan has filed a total bogus Petition before the Supreme Court. [SLP (Crl.) No. 9131 of 2021]", the complaint says.

The complainant says that the said petition was ex-facie bogus as it was based on the false claim that there was one application filed by the state for vacating the stay granted to the petitioners and that the Bombay High Court was not hearing the said application.

In fact, there is no application filed by the state and the state has not approached the Supreme Court, the complaint says. "On 29.11.2021 the matter came up for hearing before the Bench of accused Justice Dr DY Chandrachud. Then as a part of a pre-planned conspiracy, Justice DY Chandrachud without hearing the Counsel for the state and without issuing any notice to the other parties straightaway passed a blatantly illegal order regarding a non-existent application allegedly filed by the state. This was done to serve the ulterior purposes of his son and other syndicates of the mastermind extortionist accused Sagar Suryawanshi", the complaint says.

The complainant says that Justice Dr DY Chandrachud was disqualified to hear any case where his son is representing any of the parties. "But then also he heard the matter and passed the order beneficial to his son's client. This is an offence under sections 166, 219, 409, 120(B), 34 & 52, etc., of the Indian Penal Code"; the complaint says.

The complaint also says that Justice Chandrachud passed the orders favouring Covid-19 vaccination, "giving wrongful profits of thousands of crores to vaccine companies". In addition to seeking registration of FIR under various provisions, the complainant also seeks "Directions to appropriate authority to file a contempt petition in the Supreme Court" and "Directions to Directorate of Enforcement(E.D.), Income Tax Department, Central Vigilance Commission, Intelligence Bureau, and all other agencies to investigate the links and commercial transactions of the accused with anti-national elements like Bill Gates, George Soros, and others.." and "Direction to appropriate authorities to make a request to the Hon'ble Chief Justice of India to exercise the powers as per 'In-HouseProcedure'..".

The complainant also wants Chief Justice UU Lalit not to recommend the name of Justice DY Chandrachud for the post of Chief Justice of India. Incidentally, it was yesterday that the Minister sent a letter to Justice Lalit for sending his recommendations for the appointment of his successor, as per the MoP on the appointment of chief justice and Supreme Court judges.

The SLP referred to in the complaint was disposed of by the Bench of Justice DY Chandrachud and Justice AS Bopanna by an order of 29 November 2021. Senior Advocates Rebecca John and Siddharth Aggarwal had appeared for the Petitioner Anita Kishore Chavan.

The bench disposed of the petition directing "the High Court to take up the petition for expeditious disposal, preferably within a period of three months of the receipt of a certified copy of this order. In the event that due to the exigencies of the work it not possible to do so, the High Court is requested to take up the application for vacating the stay at an early date, within the same outer limit".

Complaint against Justice DY Chandrachud bogus: Bar Council

The allegation against Supreme Court Justice DY Chandrachud is nothing but a scurrilous and malicious attempt to interfere with the functioning of the judiciary and the administration of justice, the Bar Council of India said. This comes a day after a lawyer, RK Pathan, accused Justice Chandrachud of passing orders to help his sons client. The Supreme Court judges son, Abhinav Chandrachud, is practicing before the Bombay High Court.

The Bar Council of India has strongly deprecated the modus of some people with vested interests for their unsuccessful attempt to tarnish the image of our Supreme Court and/or its judges. Such a growing tendency is really a matter of serious concern for the country and it has to be checked anyhow, the council said in a statement.

The council also called out the post and letter by Pathan and said that the note is being made viral by a few deliberately on the eve of Justice Chandrachud's elevation as the chief justice.

"The Bar Council of India has thoroughly examined the contents of this 165-page long letter and it finds that it is nothing but a scurrilous and malicious attempt to interfere with the functioning of the judiciary and the administration of justice," the statement read.

Speaking about Pathan, the council said, "No details of Pathan are furnished in the complaint, no address or nature of body this man claims to represent is there. The Bar Council of India has been informed by some senior members of the Supreme Court and Bombay High Court Bar that it is the same Rashid Khan Pathan, whom in April, 2020, in a Suo-Moto Contempt Petition, the Supreme Court found guilty of contempt for filing false and baseless complaints against a Judge of the Supreme Court (now retired)." The Supreme Court observed the complaints to be scandalous, the Bar Council of India said.

"The country and the Indian bar have complete faith in Justice DY Chandrachud. Justice Chandrachud is an asset to the worlds judiciary and is known for his knowledge, honesty and integrity; but, surprisingly, even such popular judges are being attacked," the statement said.

This act of Pathan is nothing, but a deliberate attempt to malign our Indian judiciary in the eyes of the world. The timing of the complaint clearly exposes the malicious purpose behind this fake and bogus complaint.

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