Justice Dipak Misra is the Chief Justice of India. He is the 45th Chief Justice of India (CJI), succeeding the 44th CJI, Justice J. S. Khehar. He is a judge of the Supreme Court of India and a former Chief Justice of the Patna and Delhi High Courts. He is the nephew of Justice Ranganath Misra, who was the 21st CJI during 1990-91. He hails from the State of Odisha.
1. Justice Misra led the bench which rejected the 1993 Mumbai serial blasts convict Yakub Memon’s appeal to stop his execution. He then received a death threat in writing, an anonymous letter which says “irrespective of the protection you may avail, we will eliminate you.” But despite all dangers, he successfully punished Yakub Memon with a death penalty.
2. Two days back, CJI Dipak Misra ordered a special investigation team (SIT) to reopen 1984 Sikh riots cases and investigate 186 cases related to it. A Bench led by Chief Justice of India Dipak Misra reasoned in its order that “regard being had to the nature of the cases, we think it appropriate that a fresh SIT be constituted for carrying on further investigation”.
The court wanted all the SIT members to be based in the National Capital. The decision to form the new SIT was based on a confidential report placed on record on December 11, 2017 by an apex court-appointed supervisory committee of two former SC judges, Justices K.S. Radhakrishnan and J.M. Panchal. This committee was tasked with vetting the investigation into 241 anti-Sikh riots cases closed by the government’s SIT. These 186 cases are part of the 241 cases.
3. Last month, CJI Dipak Misra slammed Kapil Sibal when he asked to postpone the judgement of Ram Janmbhumi case after July 2019. On this matter, The Supreme Court has censured Congress leader Kapil Sibal and other senior lawyers for the manner in which they argued when seeking that hearing in the Ayodhya case be deferred to after the 2019 national election, earlier this week. The lawyers had angrily said that they were not being given a “fair chance” and had threatened to walk out of the court.
Chief Justice of India Dipak Misra said today that the court is anguished and thoroughly disapproves of the lawyers’ conduct. “Raising voices will never be tolerated. Argue on legal principles. Raising voice shows incompetency not worthy of senior lawyers,” he said, adding, “When the Bar fails to regulate them, we will be compelled to regulate.”
4. Justice Dipak Misra is leading the bench which will pass judgement on Rama-janmabhumi case. A three-judge bench headed by Justice Dipak Misra (now Chief Justice of India) – which had on August 11 said it wanted time-bound disposal of the Ram Janmabhoomi-Babri Masjid dispute – is going to hear the matter in the post-lunch session to sort out modalities of the hearing.
5. The judges collegium, everyone knows is a part of the “ecosystem” created over the last 7 decades and has always thwarted efforts to let “outsiders”come in the circle. It was this collegium which Modi Government wanted to dismantle through NJAC and wanted that people’s representatives should have a say in Judges appointment. The entire Judiciary ably supported by Congress derailed the entire activity and refused to comply.
6. Well, the campaign against Dipak Misra, maligning the CJI (a constitutional post) baselessly and asking his impeachment a day after he ordered reopening of Sikh riots case and is set to pass judgement on Rama-janmabhumi case shows the power of ecosystem.
As retired SC Judge RS Sodhi said, “These four judges have formed a union. There are 23 other judges as well. This trade unionism to malign the office of CJI is immature and uncalled for. These 4 judges have no right to sit in the highest court and must be impeached.” I agree with Justice Sodhi.
