BCI backs Justice Chandrachud over alleged complaint of misuse of office ahead of imminent elevation as CJI

The Bar Council of India has said the country and the Bar have complete faith in Supreme Court judge Justice DY Chandrachud, in line to become the next Chief Justice of India, following a complaint of alleged misuse of office against him, and condemned the “deliberate attempt to malign Indian judiciary”.

The apex statutory body of lawyers assailed R K Pathan, who claims to be the chief of the so-called ‘Supreme Court and High Court Litigant Association’, for lodging a complaint with the President of India and others against Chandrachud, the senior-most Judge of the Supreme Court, widely tipped to be the 50th CJI when incumbent UU Lalit retires on November 8.

It said, “Bar Council of India has strongly deprecated the modus of some people with vested interests for their unsuccessful attempt to tarnish the image of the 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 BCI statement said, “A post and letter of R K Pathan is being made viral by a few people (in which, we know that 2-3 Advocates of Mumbai are also there) deliberately on the eve of Justice Chandrachud’s elevation as the Chief Justice of India.”

The Bar Council of India, through its chairman Manan Kumar Mishra, said it has thoroughly examined the contents of the 165-page letter and found it nothing but a “scurrilous and malicious attempt” to interfere with the functioning of the Judiciary and administration of Justice.

“The country and the Indian Bar has complete faith in Justice DY Chandrachud. Justice DY Chandrachud is an asset for the world’s Judiciary and is known for his knowledge, honesty and integrity; but, surprisingly even such popular Judges are being attacked,” it said.

The BCI said, surprisingly, no details of R K Pathan have been furnished in the complaint, and there is no address or nature of body he claims to represent.

“Bar Council of India has been informed by some senior members of Supreme Court and Bombay High Court Bar that it is the same R K Pathan (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 Supreme court (now retired),” the apex body of the Bar said.

It said the Supreme Court had observed the complaints were scandalous.

The Bar Council of India has been informed that along with Pathan two other advocates were also held guilty of contempt for conniving with him, and all three were sentenced to three months simple imprisonment by the Supreme Court in the contempt case of 2019.

“As per the information given by some senior members and office-bearers of State Bar Council of Maharashtra and Goa, this is not the only instance; even earlier, Rashid Khan Pathan had made scurrilous and scandalous allegations against a sitting Judge of the Bombay High Court.

“A show cause notice was issued by the Bombay High Court, observing that the statements made were an attempt to scandalize the court and a calculated attempt to interfere with the administration of justice. It appears that the present complaint is a continuation by the same person in his attempts to malign our Judiciary”, the BCI statement said.

It said the State Bar Council of Maharashtra and Goa and the Bar Council of India will investigate the nefarious conduct of a handful of advocates of Mumbai and appropriate action will follow so no one dares to commit such mischief in future.

“This act of Pathan is nothing, but a deliberate attempt to malign our Indian Judiciary in the eyes of the world. Indian Bar cannot tolerate any such nonsense act of anybody. The timing of the complaint clearly exposes the malicious purpose behind this fake and bogus complaint…”, it added.