Justice Lalit delivered key verdicts throughout 74-day stint as CJI, initiated stay stream of SC proceedings
By PTI
NEW DELHI: Chief Justice of India Uday Umesh Lalit, the second head of judiciary to be straight elevated to the Supreme Court bench from the Bar, delivered a number of vital verdicts throughout his transient 74-day tenure and initiated steps like live-streaming of proceedings and altering the method of itemizing of circumstances.
Born on November 9, 1957, Justice Lalit was appointed decide of the Supreme Court on August 13, 2014 and was sworn in because the forty ninth CJI on August 27, 2022.
November 8 is his final day in workplace.
He was the second CJI to be straight elevated to the SC bench from the bar.
Prior to him, Justice S M Sikri had develop into the thirteenth CJI in January 1971.
SC judges superannuate on the age of 65.
On the final working day, the CJI-led structure bench, by a majority view of three:2, upheld the validity of the 103rd Constitution modification offering 10 per cent reservation to folks belonging to economically weaker sections (EWS) in admissions and authorities jobs, saying the quota doesn’t violate the essential construction of the Constitution.
CJI Lalit concurred with the minority view of Justice S Ravindra Bhat who held the EWS quota as “unconstitutional” for excluding poor amongst SCs, STs and OBCs.
Popular amongst attorneys for his well mannered manner, the CJI made most of his quick tenure by listening to and disposing of as many circumstances as doable and starkly being strict in not granting adjournments to attorneys in issues listed for consideration.
On the fourth anniversary of a landmark verdict on stay telecast or webcast of vital proceedings in issues of constitutional significance, Justice Lalit ordered graduation of stay streaming of structure bench circumstances from September 27 that included the problem to the reservation for the Economically Weaker Sections.
The CJI-led bench additionally paved manner for hanging of Lashkar-e-Taiba (LeT) terrorist Mohammad Arif alias Ashfaq by dismissing his plea searching for overview of its verdict awarding dying penalty to him within the sensational 2000 Red Fort assault case that left three Army jawans lifeless.
However, Justice Lalit’s bid to refill the 4 vacancies of judges within the Supreme Court remained unfinished as his successor Justice D Y Chandrachud and Justice S A Nazeer objected to the process of searching for written consent to the proposal for the advice of names for appointment by the five-member collegiums.
And, this led Justice Lalit to “discharge” the agenda retaining in thoughts the custom that the outgoing CJIs go away the problem of appointment of judges by collegium deliberations to the successor the day their remaining tenure within the workplace comes all the way down to a month.
The CJI-led collegium, nonetheless, really useful names of round 20 judges in numerous excessive courts, apart from the advice of the title of Chief Justice of the Bombay High Court Justice Dipankar Datta as a decide of the apex court docket.
It additionally really useful the elevation of some excessive court docket judges as chief justices (CJs), apart from transferring another CJs and judges.
The prime court docket at present has 28 judges in opposition to the sanctioned power of 34.
On the judgment supply entrance, the CJI-led bench granted bails to activist Teesta Setalvad, arrested for allegedly fabricating proof to border “innocent people” within the 2002 Gujarat riots circumstances, and Kerala-based journalist Siddique Kappan, arrested in October 2020 whereas on his approach to Hathras in Uttar Pradesh the place a Dalit girl had died after allegedly being gang-raped.
The CJI-led bench additionally referred to a five-judge Constitution bench a suo motu plea on framing of tips on how and when potential mitigating circumstances be thought-about by courts throughout trial in circumstances which entail the dying penalty as the utmost punishment.
Justice Lalit-led benches took very sturdy notice of non-compliance of apex court docket orders and awarded four-month jail time period to fugitive businessman Vijay Mallya, accused in financial institution mortgage default case of over Rs 9,000 crore involving his defunct Kingfisher Airlines.
It additionally held the previous promoters of Fortis Healthcare Ltd Malvinder Singh and Shivinder Singh responsible of contempt by not making a real try and pay Rs 1170.
95 crore every in the direction of honouring an arbitral award in opposition to them and handed down six months jail time period to them.
Justice Lalit-led bench additionally awarded one yr jail time period to a Kenyan citizen of Indian origin apart from imposing a wonderful of Rs 25 lakh for committing civil and prison contempt by enjoying “fraud” on it in securing the custody of his son from his estranged spouse.
He labored on three key areas, together with itemizing of circumstances and mentioning of pressing issues within the Supreme Court throughout his 74-day tenure as the pinnacle of the judiciary.
He listed a number of vital circumstances, together with Constitution bench issues, for adjudication, apart from notifying 25 five-judge Constitution bench issues from August 29.
READ HERE | Big sneakers to fill after CJI Lalit; hope to proceed his good work: Justice Chandrachud
Justice Lalit, who was a senior advocate earlier than being appointed a decide of the apex court docket, has been a part of a number of path-breaking verdicts, together with the one which held the apply of divorce by immediate ‘triple talaq’ amongst Muslims unlawful and unconstitutional.
In January 2019, he recused himself from listening to the politically-sensitive Ram Janmabhoomi-Babri Masjid land title dispute in Ayodhya.
One of the path-breaking verdicts Justice Lalit was a part of was the August 2017 judgement by a five-judge Constitution bench which by a 3:2 majority dominated the apply of divorce by immediate ‘triple talaq’ as “void”, “illegal” and “unconstitutional”.
While the then Chief Justice J S Khehar and Justice S Abdul Nazeer had been in favour of placing on maintain the judgement for six months and asking the federal government to come back out with a regulation to that impact, justices Kurian Joseph, R F Nariman, and Lalit held the apply as violative of the Constitution.
Justices Khehar, Joseph, and Nariman have since retired.
Among the opposite vital judgements, a bench headed by Justice Lalit had dominated the erstwhile royal household of Travancore has the administration proper over the historic Sree Padmanabhaswamy Temple in Kerala, one of many richest shrines, holding that the rule of “heritability must get attached to a right of Shebait” (servitor) of the temple.
In one other important judgement, a bench headed by Justice Lalit had dominated that touching sexual components of a kid’s physique or any act involving bodily contact with ‘sexual intent’ quantities to ‘sexual assault’ underneath part 7 of the Protection of Children from Sexual Offences (POCSO) Act as a very powerful ingredient is sexual intent and never skin-to-skin contact.
Quashing the controversial ‘skin-to-skin’ judgements of the Bombay High Court in two circumstances underneath the POCSO Act, the bench had mentioned the excessive court docket erred in holding that there was no offence since there was no direct ‘skin-to-skin’ contact with sexual intent.
Justice Lalit enrolled as an advocate in June 1983 and practised within the Bombay High Court until December 1985.
He shifted his apply to Delhi in January 1986, and in April 2004, he was designated as a senior advocate by the apex court docket.
He was appointed a particular public prosecutor for the CBI to conduct the trial within the 2G spectrum allocation case.
NEW DELHI: Chief Justice of India Uday Umesh Lalit, the second head of judiciary to be straight elevated to the Supreme Court bench from the Bar, delivered a number of vital verdicts throughout his transient 74-day tenure and initiated steps like live-streaming of proceedings and altering the method of itemizing of circumstances.
Born on November 9, 1957, Justice Lalit was appointed decide of the Supreme Court on August 13, 2014 and was sworn in because the forty ninth CJI on August 27, 2022.
November 8 is his final day in workplace.
He was the second CJI to be straight elevated to the SC bench from the bar.
Prior to him, Justice S M Sikri had develop into the thirteenth CJI in January 1971.
SC judges superannuate on the age of 65.
On the final working day, the CJI-led structure bench, by a majority view of three:2, upheld the validity of the 103rd Constitution modification offering 10 per cent reservation to folks belonging to economically weaker sections (EWS) in admissions and authorities jobs, saying the quota doesn’t violate the essential construction of the Constitution.
CJI Lalit concurred with the minority view of Justice S Ravindra Bhat who held the EWS quota as “unconstitutional” for excluding poor amongst SCs, STs and OBCs.
Popular amongst attorneys for his well mannered manner, the CJI made most of his quick tenure by listening to and disposing of as many circumstances as doable and starkly being strict in not granting adjournments to attorneys in issues listed for consideration.
On the fourth anniversary of a landmark verdict on stay telecast or webcast of vital proceedings in issues of constitutional significance, Justice Lalit ordered graduation of stay streaming of structure bench circumstances from September 27 that included the problem to the reservation for the Economically Weaker Sections.
The CJI-led bench additionally paved manner for hanging of Lashkar-e-Taiba (LeT) terrorist Mohammad Arif alias Ashfaq by dismissing his plea searching for overview of its verdict awarding dying penalty to him within the sensational 2000 Red Fort assault case that left three Army jawans lifeless.
However, Justice Lalit’s bid to refill the 4 vacancies of judges within the Supreme Court remained unfinished as his successor Justice D Y Chandrachud and Justice S A Nazeer objected to the process of searching for written consent to the proposal for the advice of names for appointment by the five-member collegiums.
And, this led Justice Lalit to “discharge” the agenda retaining in thoughts the custom that the outgoing CJIs go away the problem of appointment of judges by collegium deliberations to the successor the day their remaining tenure within the workplace comes all the way down to a month.
The CJI-led collegium, nonetheless, really useful names of round 20 judges in numerous excessive courts, apart from the advice of the title of Chief Justice of the Bombay High Court Justice Dipankar Datta as a decide of the apex court docket.
It additionally really useful the elevation of some excessive court docket judges as chief justices (CJs), apart from transferring another CJs and judges.
The prime court docket at present has 28 judges in opposition to the sanctioned power of 34.
On the judgment supply entrance, the CJI-led bench granted bails to activist Teesta Setalvad, arrested for allegedly fabricating proof to border “innocent people” within the 2002 Gujarat riots circumstances, and Kerala-based journalist Siddique Kappan, arrested in October 2020 whereas on his approach to Hathras in Uttar Pradesh the place a Dalit girl had died after allegedly being gang-raped.
The CJI-led bench additionally referred to a five-judge Constitution bench a suo motu plea on framing of tips on how and when potential mitigating circumstances be thought-about by courts throughout trial in circumstances which entail the dying penalty as the utmost punishment.
Justice Lalit-led benches took very sturdy notice of non-compliance of apex court docket orders and awarded four-month jail time period to fugitive businessman Vijay Mallya, accused in financial institution mortgage default case of over Rs 9,000 crore involving his defunct Kingfisher Airlines.
It additionally held the previous promoters of Fortis Healthcare Ltd Malvinder Singh and Shivinder Singh responsible of contempt by not making a real try and pay Rs 1170.
95 crore every in the direction of honouring an arbitral award in opposition to them and handed down six months jail time period to them.
Justice Lalit-led bench additionally awarded one yr jail time period to a Kenyan citizen of Indian origin apart from imposing a wonderful of Rs 25 lakh for committing civil and prison contempt by enjoying “fraud” on it in securing the custody of his son from his estranged spouse.
He labored on three key areas, together with itemizing of circumstances and mentioning of pressing issues within the Supreme Court throughout his 74-day tenure as the pinnacle of the judiciary.
He listed a number of vital circumstances, together with Constitution bench issues, for adjudication, apart from notifying 25 five-judge Constitution bench issues from August 29.
READ HERE | Big sneakers to fill after CJI Lalit; hope to proceed his good work: Justice Chandrachud
Justice Lalit, who was a senior advocate earlier than being appointed a decide of the apex court docket, has been a part of a number of path-breaking verdicts, together with the one which held the apply of divorce by immediate ‘triple talaq’ amongst Muslims unlawful and unconstitutional.
In January 2019, he recused himself from listening to the politically-sensitive Ram Janmabhoomi-Babri Masjid land title dispute in Ayodhya.
One of the path-breaking verdicts Justice Lalit was a part of was the August 2017 judgement by a five-judge Constitution bench which by a 3:2 majority dominated the apply of divorce by immediate ‘triple talaq’ as “void”, “illegal” and “unconstitutional”.
While the then Chief Justice J S Khehar and Justice S Abdul Nazeer had been in favour of placing on maintain the judgement for six months and asking the federal government to come back out with a regulation to that impact, justices Kurian Joseph, R F Nariman, and Lalit held the apply as violative of the Constitution.
Justices Khehar, Joseph, and Nariman have since retired.
Among the opposite vital judgements, a bench headed by Justice Lalit had dominated the erstwhile royal household of Travancore has the administration proper over the historic Sree Padmanabhaswamy Temple in Kerala, one of many richest shrines, holding that the rule of “heritability must get attached to a right of Shebait” (servitor) of the temple.
In one other important judgement, a bench headed by Justice Lalit had dominated that touching sexual components of a kid’s physique or any act involving bodily contact with ‘sexual intent’ quantities to ‘sexual assault’ underneath part 7 of the Protection of Children from Sexual Offences (POCSO) Act as a very powerful ingredient is sexual intent and never skin-to-skin contact.
Quashing the controversial ‘skin-to-skin’ judgements of the Bombay High Court in two circumstances underneath the POCSO Act, the bench had mentioned the excessive court docket erred in holding that there was no offence since there was no direct ‘skin-to-skin’ contact with sexual intent.
Justice Lalit enrolled as an advocate in June 1983 and practised within the Bombay High Court until December 1985.
He shifted his apply to Delhi in January 1986, and in April 2004, he was designated as a senior advocate by the apex court docket.
He was appointed a particular public prosecutor for the CBI to conduct the trial within the 2G spectrum allocation case.
