Justice Dipak Misra appointed 45th Chief Justice of India

New Delhi: Senior-most judge of the Supreme Court, Justice Dipak Misra, who gave the controversial judgment on national anthem last year, has been appointed the 45th Chief Justice of India. He succeeds the present CJI J.S. Khehar, who retires on August 27.

Justice Misra (63) was elevated as a Supreme Court judge in 2011 and during the last six years has rendered several landmark judgments. He will have tenure of over 14 months as he is due to retire in October 2018.

Justice Misra, who hails from Odisha, is known for his impeccable honesty, integrity, simplicity, frank and forthright views and comments. A scholar and erudite judge, he is proficient in ancient history and literature and this is reflected in his anecdotes as an interlude during the hearing of sensitive cases. A relief oriented judge, he treats seniors and juniors alike and lawyers come out of his court with the impression that he renders justice to every litigant.      

Justice Misra was among the three judges who heard the plea of terrorist Yakub Memon, a convict in the Mumbai blast case, in a last-minute attempt to stay his execution. It was Justice Misra who announced the court’s decision at 5 am: “Stay of death warrant would be a travesty of justice. The plea is dismissed.” Memon was hanged two hours later.

Justice Misra shot into limelight in November 2016 when he ordered all cinema halls across the country to play the national anthem before the screening of films and that all present must “stand up in respect” till the anthem ended. The order said the practice would “instil a feeling within one a sense of committed patriotism and nationalism.”

It is time people expressed their “love for the motherland,” Justice Misra said.

During the hearing of a bunch of petitions to allow entry of women in the age group of 10 and 50 into Sabarimala temple in Kerala, Justice Misra asked, “If you go by the concept of dominion and cult, can the cult culture make discrimination between a man and woman? Cult culture is a core group culture, whereas, religion in the sense of religion does not have core cult. Particularly as per Santana dharma, men and women are treated equally. If you understand Vedas and Upanishads, I don’t think there is any discrimination. Discrimination between man and woman has only cropped up historically.”

Justice Misra upheld the constitutional validity of IPC Sections 499 and 500 relating to criminal defamation and rejected the charge that the law had a chilling effect on the right to freedom of speech and expression in a democracy. He held that the fundamental right to freedom of speech and expression is subject to reasonable restrictions and cannot be misused to tarnish or sully the reputation of another individual.

In the Nirbhaya gang rape case, he confirmed death penalty to four convicts, describing their actions as barbaric and added that no sympathy or leniency was called for.