Chief Jus­tice Di­pak Misra

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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 MandirBabri 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.

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