Bombay Bar Association seeks action against RK Pathan who raised malicious allegations against Justice DY Chandrachud

The Bombay Bar Association (BBA) passed a resolution on Monday requesting the concerned authorities to take action against Rashid Khan Pathan who had written to the President of India Draupadi Murmu and Chief Justice of India UU Lalit raising allegations against Supreme Court judge Justice DY Chandrachud..The Standing Committee of the Association headed by Senior Advocate Nitin Thakker requested that strict action be taken against Pathan and those associated with him in preparation of his complaint..The BBA underlined that Pathan's complaint was ex-facie false, baseless and malicious allegations against Justice Chandrachud.The resolution noted that Pathan was the same person who had been convicted for contempt of court by the Supreme Court in 2019. However, Pathan had continued his practice of making allegations against judges with a view of intimidate the judiciary and interfere in administration of justice, the resolution said.“The present complaint is nothing but a similar act on the part of Mr. R.K. Pathan just before the recommendation of Justice Chandrachud’s name 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” the resolution emphasised..The complaint against Chandrachud had the following allegations:1. Justice Chandrachud passed an order in a matter which is allegedly connected to a matter where his son Dr. Abhinav Chandrachud had appeared before the Bombay High Court. However, the BBA resolution specified that Abhinav practices as a counsel appearing in matters instructed by Advocates on Record, which meant he did not interact with clients directly. "In any case, it is inconceivable that the learned judge can know the details of all matters in which his son appeared before the Bombay High Court leave alone some alleged connection of a matter before him to the matter in Bombay high Court," the resolution said.Furthermore, the order by the Supreme Court is not even on merits, the resolution said. "It is merely a request to the Bombay High Court to hear either the IA or the petition since a grievance was made that neither of them are being taken up," it was stated.2. Justice Chandrachud passed certain orders where the challenge to restrictions placed on people who had not taken vaccination was rejected. BBA stated that if judicial orders passed while discharging their duty as a judge were subjected to such complaints, it would amount to nothing but an attempt to attack the very edifice of the judiciary..Thus, the BBA strongly deprecated the vicious attempt to undermine the judiciary and expressed their trust and faith in Justice Chandrachud.The resolution also requested the President, Prime Minister Narendra Modi, CJI Lalit and Central Vigilance Commission to not take any cognisance of the complaint and instead initiate strict action against Pathan..[Read Resolution].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.