Something sinister: SCBA President Vikas Singh on ex-CJI DY Chandrachud's overstay at official accommodation

Supreme Court Bar Association (SCBA) President Vikas Singh on Friday alleged that there was "something sinister" behind former Chief Justice of India (CJI) DY Chandrachud's overstay at the official Chief Justice residence after retirement.

Without naming Justice Chandrachud, Singh said that the ex-CJI lived at the official residence for eight months after retirement, cited the special needs of his children as the reason for the delay in moving, and then shifted to another government accommodation.

This shows that while he was in his tenure, there was some arrangement with the government, which was going to give him something, he said.

"Now, we have had a recent exampled of a Chief Justice wanting to overstay. Chief Justices are allowed six months only [to stay in the official residence after retirement]. He had already stayed in that house for eight months. I was surprised to see him using the grounds of his disabled children. But the real reason was that even after eight months, he said he was looking for a private home. Ultimately, he went to a government home. So, obvious, while he was in his tenure, there was some arrangement with the government which was going to give him something, and that is why he didn’t move to a private home. He moved straight to a government home. He is not entitled to a government home," Singh said.

He said that the CJI knew about the special needs of his children and could have planned ahead.

"You knew you had these children and you could have planned ahead. But if you wanted to get a government bungalow and that was getting delayed, and because of which you didn’t want to leave the government bungalow till you got a government bungalow, which you are not entitled to, then of course there is something sinister."

Singh was speaking at the farewell function organised by the SCBA for Justice Sudhanshu Dhulia.

Interestingly, Singh made the statement with the current Chief Justice of India (CJI) BR Gavai present on the dais.

CJI Gavai had said on Thursday that he would vacate his official residence on time. The remark was seen as a dig at Justice Chandrachud.

The controversy around Justice Chandrachud's extended stay at the official residence came to light when the Supreme Court administration wrote to the Union Ministry of Housing and Urban Affairs on July 1 seeking immediate repossession of the bungalow at Krishna Menon Marg.

Justice Chandrachud had retired on November 2024 and was formally permitted to stay on until April 30, with an informal extension until May 31. His continued occupation into July prompted the Supreme Court to write to the government in a rare escalation.

Under the Supreme Court Judges Rules, 2022, a retired Chief Justice may occupy a Type VII house rent-free for six months. Occupation of a Type VIII residence, such as 5 Krishna Menon Marg, requires special permission and a license fee.

Justice Chandrachud continued to reside at Krishna Menon Marg after his retirement in November 2024, based on an extension granted internally by the Supreme Court. This extension, however, was not part of the official post-retirement housing entitlement for 6 months under the amended Supreme Court Judges Rules. 

He had told Bar & Bench that he had been allotted a new residence by the government, and that he would be paying the prescribed rent for it.

The six-month benefit under the amended Rules will apply from the time he takes possession of this new house.

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