New Delhi, April 19 – Former Chief Justice of India D.Y. Chandrachud is facing serious allegations from retired Patna High Court judge Rakesh Kumar, who has sent a formal complaint to the President of India seeking a CBI investigation. The retired judge claims that Justice Chandrachud displayed “undue judicial activism” by allegedly forming special benches twice daily to hear a sensitive bail plea during court vacation.
The case in question pertains to activist Teesta Setalvad, who was accused of fabricating evidence. Justice Kumar alleges that on July 1, 2023 — a court holiday — Justice Chandrachud constituted a special bench in the morning to hear her bail plea. When the bench failed to reach a consensus on granting interim relief, it referred the matter to the CJI for further consideration. Later that same day, another larger bench was formed and granted Setalvad interim relief.
Justice Kumar emphasized that while he does not question the decision made by the bench, he believes the urgency and manner in which the benches were constituted raise concerns about procedural propriety. It’s important to note that, under the Indian judicial system, the Chief Justice, as the “Master of the Roster,” holds the authority to decide when and which bench hears a particular case. Emergency hearings, even during court vacations, are not unprecedented.
Justice Kumar clarified that although he does not dispute the verdict delivered by the bench, he is concerned about the speed and method used to form those benches, which he believes may raise questions about procedural fairness. Widely recognized for his firm stance against judicial corruption—especially highlighted in a notable 2019 ruling during his tenure at the Patna High Court—Justice Kumar confirmed that he submitted the complaint to the President on November 8, 2024, merely two days ahead of Justice Chandrachud’s retirement on November 10.
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