Bombay Bar Association disapproves of SC Judge defamation

The Bombay Bar Association on Monday passed a resolution to disapprove of the ‘false’ and ‘baseless’ letter of complaint against Justice DY Chandrachud, India’s second most senior justice, and called the “scandalous attack” letter on the judiciary. .

BBA expressed “complete faith and confidence” in Judge DY Chandrachud and in the “independent and impartial administration of justice by him”.

The Association demanded strict measures against an RK Pathan, who allegedly wrote the 165-page complaint against Judge Chandrachud and his son Abhinav Chandrachud accusing them of judicial indiscipline. Pathan claimed he headed the so-called “Supreme Court and High Court Litigants Association”.

Pathan’s complaint was widely shared on social media on Saturday.

According to the resolution, Pathan is the same person who was found in contempt of court by the Supreme Court of India and sentenced to three months in prison following allegations against a sitting SC judge.

According to BBA, the present complaint is nothing but a similar act by Pathan just before the recommendation of the name of Justice Chandracud as the next Chief Justice of India. “The malicious intent and purpose behind such a complaint is not far to see and is exposed by the timing of the complaint itself.”

Even earlier, BBA approached the HC against Pathan for making false charges against a sitting judge of Bombay HC based on which he was given a show cause notice.

Addressing specific allegations that Judge Chandrachud issued an order in a case believed to be related to a case in which Dr. Abhinav Chandrachud appeared, the BBA clarified that it handles lawyers’ files and does not interact not even with customers.

“There is nothing in the record to show any connection,” the resolution said, adding that it was “inconceivable” that Judge Chandrachud knew of all the cases in which his son appeared.

Moreover, the order issued by Judge Chandrachud was not even on the merits. “This is merely a request to the Bombay High Court to hear either the IA or the petition as a grievance has been made that neither of them are considered. The allegations made by the plaintiff are entirely false and baseless and clearly constitute a malicious attempt to slander the judge and also the justice system as a whole.”

Finally, the BBA resolved and strongly deprecated “vicious attempts” to outrage the judiciary

Resolution

  1. RESOLVED that the Bombay Bar Association notes with deep concern and disapproves of the attempt made by RK Pathan in filing a complaint dated October 5, 2022 making false allegations against the Honorable Justice DY Chandrachud by tarnishing his blameless image. This association places complete faith and confidence in the Honorable Judge DY Chandrachud.

And

  1. The Bombay Bar Association will forward the resolution to the Honorable President of India, Honorable Prime Minister of India, Honorable Chief Justice of India, Central Vigilance Commission and to others as decided by the President and Secretary of the Bombay Bar Association with a request not to take cognizance of the complaint and instead take strict action against Mr. K. Pathan and all those against him are associated.

Judge Chandrachud was a former Bombay high school judge and his son Abhinav is a member of the BBA.

The Bar Council of India, Supreme Court Bar Association, Oudh Bar Association and Tamil Nadu Lawyers Association passed resolutions supporting Justice Chandracud and condemning the defamation attempts of his image ahead of his impending appointment as the next CJI.

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