Supreme CourtDivision Bench

National Lawyers'' Campaign for Judicial Transparency and Reforms Rep. by its Himansu Luthra vs Union of India

Supreme Court Of India · Decided on 23 December 2016 · Citation: (2017) 1 RecentApexJudgments(RAJ) 257

HON’BLE JUDGES
Ashok Bhushan and L. Nageswara Rao, JJ.
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 124, Article 32
RESULT
Disposed Of
CASE NUMBER
Writ Petitions (Civil) Diary Nos. 41674 of 2016
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Judgment

9 paragraphs · 331 words
1.

This writ petition has been filed by the National Lawyers'' Campaign for Judicial Transparency and Reforms represented by Himanshu Luthra and other petitioners.

Today, when the case was called out Himanshu Luthra, the petitioner-in-person was not present. However, the several other petitioners/members claiming to be the members of the Organization, namely, Mr. Bijoy Krishna Adhikary, Rohini M. Amin, C.J. Jovesow, Ved Prakash have appeared and made submissions.

2.

This writ petition has been filed by the petitioners praying for the following relief:-

"a) Issue a Writ of mandamus or any other writ, order or direction, directing the Respondent Union of India to consider the various representations made by the Petitioners to the President, Prime Minister, the Chief Justice of India, the Law Minister and other high constitutional functionaries, including their representation dated 4th December, 2016 and consider Hon''ble Shri Justice Jasti Chelameswar for appointment as the next Chief Justice of India, who will have, if so appointed, a tenure of almost two years, on demitting office by Hon''ble Shri Justice T.S. Thakur, and who, even at the cost of displeasing his own brother judges, has insisted for a modicum of transparency in the functioning of the collegium, nay, in judicial appointment;

b) pass such other order or orders, as this Hon''ble Court may deem fit and proper under the facts and circumstances of the case."

3.

We have been informed that the Notification has already been issued for appointment of the Chief Justice of India on 19.12.2016. The petitioners'' prayer is for a direction to consider the various representations made by the petitioners to the President, Prime Minister, the Chief Justice of India, the Law Minister and other high constitutional functionaries.

4.

The Notification appointing the Chief Justice of India having already been issued, the petition has virtually become infructuous and no purpose shall be served in proceeding with this matter.

5.

The writ petition is dismissed as having become infructuous.

6.

Pending applications, if any, shall stand disposed of.