Bench Vs Bench In SC: CJI Steps-In, Takes Control Of Contempt Case

A three-judge Supreme Court bench led by CJI D Y Chandrachud and comprising Justices J B Pardiwala and Manoj Misra is scheduled to hear the contempt case, regarding the illegal felling of trees in Delhi's Ridge area, on Thursday.

New Delhi:The Chief Justice of India D Y Chandrachud has decided to hear a contempt case, after a rare standoff between two separate benches of the apex court in connection with the illegal felling of trees in Delhi's Ridge area.

A three-judge bench led by CJI and comprising Justices J B Pardiwala and Manoj Misra is scheduled to hear the contempt case, regarding the illegal felling of trees in Delhi's Ridge area, on Thursday.

On July 24, a bench presided by Supreme Court judge Justice B R Gavai expressed its displeasure regarding another bench presided by Justice A S Oka also proceeding with contempt proceedings against the Delhi Development Authority (DDA) in relation with tree felling on the approach road to the under-construction Central Armed Police Forces Institute of Medical Sciences in southwest Delhi’s Ridge area.

Justice Gavai, who is in line to become the Chief Justice of India (CJI) in May 2025, said the other bench "has not adhered to judicial propriety", against the backdrop that the bench led by him was already seized of the matter.

Senior advocate Vikas Singh, representing the DDA Vice-Chairman, had contended before the bench led by Justice Gavai that the institute in the Ridge area was established after favourable conclusions from the apex court-appointed Central Empowered Committee (CEC) and the court itself.

Expressing its discontent, the bench led by Justice Gavai said that a bench presided by Justice Oka went ahead with the contempt proceedings in May this year, even though a bench led by him took up the matter in April.

"We could have very well directed that the matter be placed before the CJI and asked the CJI to clarify which bench should proceed further…", said the bench led by Justice Gavai.

The apex court noted that on April 24, a notice was issued on the contempt plea against the DDA and the authority had also moved the bench by Justice Oka to seek permission to fell the trees but this was rejected on March 4. The bench led by Justice Oka also initiated contempt proceedings on May 14.