DIPAK MISRA

Jan28,2021 #CHIEF JUSTICE #Dipak Misra

Former Chief Justice of India

NAME: Dipak Misra

KNOWN AS: 45th Chief Justice of India

BORN: 3 October 1953

PLACE OF BIRTH: Cuttack, Odisha

FATHER’S NAME: Raghunath Misra

MOTHER’S NAME: Chanchala Devi

SPOUSE: Suprama Misra

EDUCATION: LL.B from Madhusudan Law University, Cuttack

BACKGROUND: He was born in the city of Odisha, Cuttack. His father, Mr. Raghunath Misra was brother of Mr. Ranganath Misra, who was the 21st Chief Justice of India. He was married to Suprama in 1979.

UPBRINGING & EDUCATION: After completing his schooling, he did his LLB from Madhusudan Law College, Cuttack. Thereafter, he enrolled himself at the bar in 1977.

CARRIER TIMELINE: He Practiced in Orissa High Court and the Service Tribunal, related to Constitutional, Civil, and Criminal, Revenue, Service and Sales Tax matters.

In the year 17 January, 1996, after practicing as an advocate for 19 years, he was appointed as an Additional Judge of Orissa High Court.

In the year 19 December, 1997, he later subsequently transferred to the Madhya Pradesh High Court and became permanent Judge.

In 23 December 2009, he was appointed as Chief Justice of Patna until May 2010.

In 24 May, 2010, he was charged as the Chief Justice of Delhi High Court.

He was also elevated as a Judge of the Supreme Court of India on 10 October, 2010.

Finally, he appointed as the Chief Justice of India on 28 October, 2011.

He was retired on 2 October, 2018, at the completion of mandatory age for retirement.

LANDMARK JUDGEMENTS:

  • Own’s Motion vs State Case – Within 10 days of taking oath as the CJI, Justice Dipak Misra gave a ruling to make working of police transparent and accountable to public. The Supreme Court ordered all the states to make all FIRs online within 24 hours of its registration. The bench held that uploading the FIR online would help the affected parties to move the courts for redress with suitable pleas.
  • In a case on reservations in promotion, Chief Justice Misra was a part of the bench that upheld the Allahabad High Court judgement on providing reservation in promotions, but only if there is sufficient data and evidence to justify the need.
  • Chief Justice Misra led the bench which rejected the 1993 Mumbai Serial blasts convict Yakub Memon’s appeal to stop his execution. Despite receiving various death threats, in an unprecedented overnight hearing at 3:20 am on 30 July 2015, he successfully punished Yakub Menon with a death penalty.
  • CJI Misra struck down Sec- 377 of IPC and held that Sec-377 denied the Fundamental Right to Choose a Partner without fear.
  • A three-judge bench led by Chief Justice Misra has upheld and authored the landmark judgement confirming the death sentence awarded to the four convicts of the Nirbhaya rape case. The Delhi gang rape and murder shook the nation and spurred the genesis of a stringent anti-rape law.
  • Chief Justice Misra had also upheld the constitutionality of criminal defamation, and was part of the Bench of the Supreme Court’s seven senior-most judges who convicted then Calcutta High Court judge C. S. Karnan of contempt of court and sentenced him to six months’ imprisonment.
  • Justice Misra was part of the bench who ordered and mandate playing of the National Anthem in the beginning of a film in theatres, which requires the audience to stand up when it is played.
  • Supreme Court held Sec- 497 of IPC as unconstitutional,which defined Adultry a crime, in the tenure of Misra.
  • CJI Misra held that women of all age are allowed to enter Sabrimala Temple under Constitution.

CONTROVERSIES: In 2018, four senior judges of SC addressed a press conference to criticize Misra’s style of administration and allocation of cases. However, some people denied to accept these allegations.

In the same year, seven opposition parties submitted a petition seeking impeachment of Dipak Misra. However, the Vice President,Mr Venkaiah Naidu, rejected the petition on the basis that the complaints were related to internal administration, not misbehavior.

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