On 26th July 2017 Justice JS Khehar recommended Justice Dipak Misra’s name as his successor, and the 45th Chief Justice of India. The former retires on 27th August 2017. As is the procedure, the Law Minister wrote to the Chief Justice, and sought his recommendation on his successor. In response, the CJI recommended the name of Misra, who will retire on 2nd October 2018. The recommendation and appointment cleared the fog and smog due to a protest letter against Justice Misra written by the International Council of Jurists (ICJ). Adish C Aggarwala, president, ICJ, argued that Misra’s appointment would “severely compromise the independence of the judiciary.” This was because of a decades-old CSE judgement, which questioned Justice Misra’s actions. Insiders reveal that the government however was firm and was not in a mood to relent or disturb the legal apple cart. Justice Misra’s biggest challenge will be to deliver the judgement in the Ram Mandir-Babri Masjid case. He has often been described as a “pro-citizen judge” because of his judgement on its own motion vs State, wherein he held that FIRs should be uploaded on the Delhi Police website within 24 hours so that the accused can download the same and file appropriate applications before the Court for redressal. Justice Misra mandated the playing of the National Anthem before the screening of films in cinema halls. He was also a part of the seven-judge bench of the Supreme Court that convicted the then Calcutta High Court judge,
Justice CS Karnan, for contempt.
VOL. 11 | ISSUE 5 | AUGUST 2017