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2016 Supreme(SC) 1524
SUPREME COURT OF INDIA
Ashok Bhushan, L. Nageswara Rao, JJ.
National Lawyers' Campaign for Judicial Transparency and Reforms Rep. by its Himanshu Luthra – Petitioner
Versus
Union of India and Another – Respondents
Writ Petitions (Civil) Diary No. 41674 of 2016
Decided On : 23-12-2016
The court's decision was based on the principle that a petition becomes infructuous when the relief sought is no longer applicable due to changed circumstances.
Headnote:
Writ Petition - Appointment of Chief Justice of India - The court dismissed the writ petition as infructuous since the Notification appointing the Chief Justice of India had already been issued, rendering the petition purposeless.
Fact of the Case:
The writ petition was filed seeking a writ of mandamus or other orders to direct the Union of India to consider various representations for the appointment of the next Chief Justice of India.
Finding of the Court:
The court found that the appointment of the Chief Justice of India had already been notified, making the petition infructuous and serving no purpose to proceed.
Issues: The main issue was the consideration of the petitioners' representations for the appointment of the next Chief Justice of India.
Ratio Decidendi: The court's decision was influenced by the fact that the appointment of the Chief Justice of India had already been notified, rendering the petition infructuous.
Final Decision: The writ petition was dismissed as infructuous, and pending applications were disposed of.
ORDER :
1. This writ petition has been filed by the National Lawyers' Campaign for Judicial Transparency and Reforms represented by Himanshu Luthra and other petitioners.
2. 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.
3. 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."
4. 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.
5. 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.
6. The writ petition is dismissed as having become infructuous.
7. Pending applications, if any, shall stand disposed of.
