Skip to main content

DIPAK MISRA: SOLUTION PROVIDER TO CONTROVERSIES




Dipak Misra, a gem to the Indian judiciary, is known for delivering judgments to the most looked after matters by the media and the masses starting from his Indian National Anthem order or his Arunachal Pradesh emergency lifting order in merely 3 minutes or uplifting of Criminal Defamation law of India to the recent Jallikattu verdict. In Priyanka Srivastava and Anr v State of UP and Ors, his 192 word opening sentence on abuse of procedural provisions is also considered to be the longest sentences ever written in a Supreme Court judgment.
CAREER
Born on 3 October 1953 and the nephew of Ranganath Misra (Chief Justice of Supreme Court from September 1990 to November 1991), Justice Dipak Misra has worked as former Chief Justice of Patna and Delhi High Courts and presently the Chief Justice of India. He enrolled at the Bar in 1977 and then practiced at Odisha High Court. He was later, in 1996 was appointed as the Additional Judge of the Odisha High Court. He was in 1997 made a permanent judge of the Madhya Pradesh High Court. He also worked as the Chief Justice of the Patna High Court for more than a quarter of a year commencing from December 2006 to May 2010. He then served as the Chief Justice of the Delhi High Court and was soon elevated to the Supreme Court in 2011 and became the 45th Chief Justice of India after J.S. Kehar.
PROMINENT JUDGMENTS
Beginning with, Justice Misra led the 3 judge bench on Nirbhaya Rape case of 2012 in which appeal was filed by the four convicts (namely Akshay Thakur, Pawan Gupta, Vinay Sharma and Mukesh Singh after one of the accused committed suicide in prison by hanging himself and the other being a juvenile was sent to the reform home for 3 years) against their death penalty but the bench upheld the death sentence awarded to the four convicts.
The bench constituting of Justice Misra and Justice Prafulla Pant in 2016 upheld the constitutional validity of Criminal Defamation Law after it was contested Delhi CM Arvind Kejriwal, Congress vice president Rahul Gandhi and Subramaniam Swamy where the criminal defamation law was argued to be in discord with the freedom of speech and expression. The bench upheld the relevant sections 499 and Section 500 of the Indian Penal Code which talk about defamation and the punishment which shall follow the act. The relevance if the judgment becomes vital on the political arena where acts of defamation are quite common under the veil of “good faith” (especially the one against the Delhi CM by Arun Jaitley in this case) and each case spans for years unlike that of UK where defamation cases are resolved as a speedy process.    
Another instance when the bench constituting Dipak Misra and Amitava Roy refused to entertain the plea of Ashwini Kumar Upadhyay, BJP spokesperson on playing of National Anthem in all courts before the start of the proceedings. This gathered mass attention because earlier in November 2016, playing of National Anthem became mandatory for all cinema halls before the screening of the movie and the audience has to stand to show respect to the motherland which is reflected by the act of respecting the National flag as well as the National anthem. Also the entry and exit doors will remain closed to avoid any disturbance during the anthem. But in this plea, Justice Misra said that “an order of the Supreme Court should not be stretched and the bar should show some restrain.
His judgment on banning jallikattu, a bull taming sport under the garb of culture was also highly criticized by him quoting that the conservation of culture should not result into the infliction of pain and suffering to the animals.
The five judge bench headed by Justice Dipak Misra on examining the contentious issue of the privacy policy of WhatsApp concluded that the data of the users is an integral part of the Right to Life and personal liberty of citizens under the constitution of India and it comes out with regulations to guard it. If any contractual obligations violate that, it would certainly be followed by ramifications.
Thus, Dipak Misra has already enriched the Indian Judiciary with his valuable judgments and his term as the Chief Justice of India is expected to further add on to this list. 

Popular posts from this blog

Art of Cross Examination used by: Sr. Adv. Ram Jethmalani, Supreme court

“The issue of a cause rarely depends upon a speech and is but seldom even affected by it. But there is never a cause contested, the result of which is not mainly dependent upon the skill with which the advocate conducts his cross examination.”- Francis L. Wellman

When asked, the undisputed champion of cross-examination, Mr. Ram Jethmalanidescribed the art of cross-examination as the most effective weapon for the discovery of truth, provided the objective is not to confound a truthful witness but to extract truth from an unwilling witness.
The search for truth is the ultimate and idealistic end of all litigated matter in a court trial, and that truth is obtained due to the process of cross examination in the conduct of litigation.

Mr. Jethmalani understands that in India where large number of complaints and cases are filed in civil and criminal courts every day, delay in justice is common due to the rapidly growing pendency of cases in courts. Examination of witnesses plays an important …

Trick to crack Assistant District Attorneys (ADA) Exam-2018-19

No exam is difficult to crack provided you study with dedication. Hard work pays off with huge interest.

About the post of ADA 
i) ADA are the Assistant Public Prosecutors who represent on behalf of the state.
ii) Approximate Salary is Rs 35,000 per month without allowances.
iii) The requirement is law graduate i.e LLB
iv) Assistant District Attorneys (ADA) are the lawyers working under the supervision of the District Attorney.
v) 75% of the posts of ADA are filled by Direct recruitment through a competitive examination by Public Service Commission (PSC) and the remaining 25% percent by promotion.

Syllabus of ADA 2018-19
No. of vacancies - 180
a) Civil law
-Indian Evidence Act
-Indian Contract Act 
-Code of Civil Procedure
-Indian Partnership Act 
-Hindu Law
-Mohammadan law and Customary Law
-Sale of Goods Act 

b) Criminal Law
-Indian Penal Code, 1860
-Code of Criminal Procedure,1973
-Indian Evidence Act,1872

c) Questions from English Language and General awareness

Strategy to be followed
Following are the …

Rights to Constitutional Remedies- Writs under Art. 32 and 226 of Indian Constitution

Under the common law system, a writ is meant to be a written order, informal in nature which is issued by either by an administrative or judicial body. The aim of this paper is to identify writs as a constitutional remedy. The paper is divided into four parts. The first part would deal with the origin, purpose of writs which would examine the historical developments that took place with respect to writs. The second part of the paper would be specific to the Indian Legal Systems. This part would closely examine the existence and use of writs as per the provisions of the Indian Constitution as a constitutional right to remedy. The third part of the paper would elaborate on all the types of writ remedies and its usage in the Indian Legal System. The last part of the paper would be the conclusion that would deal with appraisal and the critical analysis of writs. The purpose of this paper is to celebrate writs as a powerful constitution remedy and highlight the importance of the same in th…

Advt.