HON’BLE MR. JUSTICE MARKANDEY KATJU
Justice Markandey Katju has been nominated as Chairman,
Press Council of India on 5th October, 2011 for a three year term.
Hon’ble Mr. Justice Katju,
former
Judge of Supreme Court of India passed his B.A, LL.B from
Practiced law in the Allahabad High Court from 1970-91 specializing in Labour Law, Taxation and Writ Petitions. He has worked as Standing Counsel, Income Tax Department. Elevated to the Bench of Allahabad High Court in 1991, and since then has given several landmark judgments. He was appointed Acting Chief Justice of Allahabad High Court in August 2004, Chief Justice of Madras High Court in November 2004, and Chief Justice of Delhi High Court in October 2005. He was elevated to the Supreme Court of India in April 2006.
Hon’ble Mr. Justice Markandey Katju
retired from Supreme Court of India on 20th September, 2011
Hon’ble Mr. Justice Katju is a Member, International Association of Refugee Law Judges (IARLJ) and attended various international conferences on Refugee Law in Cape Town, Tokyo, Switzerland, Turks & Caicos Islands, Sydney & Toronto, besides delivering several guest lectures on diverse subjects at Jawaharlal Nehru University Delhi, Ram Manohar Lohia Law University, Lucknow, Symbiosis Law College, Pune, Indian Institute of Science, Bangalore, Allahabad University, Banaras Hindu University etc.
Hon’ble Mr. Justice Katju was awarded degree of Doctorate of Philosophy (Honoris Causa) from
Authored
several books, such as ‘Law in the Scientific Era’, ‘Interpretation of Taxing Statutes’ and ‘Domestic Enquiry’. His study of diverse subjects is reflected in his judgments, which are often unconventional and path breaking. Hon’ble Mr. Justice Katju has been writing articles on diverse subjects e.g. Ancient Indian Jurisprudence and Modern Jurisprudence, Great Injustice to Urdu in
Hon’ble Mr. Justice Markandey Katju has got passionate love for Indian culture and his keen desire to unearth and bring to light the great intellectual achievements of our ancestors was the main motivating force in bringing out the book “Mimansa Rules of Interpretation”. Hon’ble Mr. Justice Markandey Katju has pointed out in his lecture and articles (which have been published in Part I of the Mimansa Rules of Interpretation) that Mimansa Rules of Interpretation were one of the greatest and most remarkable achievements of our ancestors, but about which even the educated Indians are largely unacquainted today.
He has written various articles on diverse subjects in various magazines and newspapers, some of which are -
·
Ancient Indian Jurisprudence vis-à-vis modern jurisprudence
·
Contempt of Court
·
Womens’ emancipation
·
Importance of liberty and democracy in
·
Human Rights and social justice under the Constitution
·
Freedom of the Press
·
·
Mediation
·
The Mimansa Rules of Interpretation
·
The Hart Fuller Debate
·
The Bork Nomination and Prof. Dworkin
(These articles are available on the internet).
During his illustrious professional career, Hon’ble Mr. Justice Katju has delivered many a path-breaking and unconventional judgments by which he has expressed his mind upholding the dignity of human rights. He exhibited an unflinching courage through his judicial pronouncements demarcating the boundaries of the three organs of the Indian Constitution - the Executive, the Legislature and the Judiciary. Some of his leading judgments are -
-
Rama Muthuramalingam
vs. Dy. S.P. [AIR 2005 Madras 1] - a landmark judgment as Chief Justice
of Madras High Court on the constitutional question of inter se relationship between the judiciary, the legislature and the executive in which His Lordship emphasized on judicial restraint and the impropriety of the judiciary encroaching into the legislative or executive domain.
-
Hinsa Virodhak Sangh
vs. Mirzapur Moti Kuresh Jamat & Ors.
[AIR 2008 SC 1892, 2008(5) SCC 33)] -
It was observed in this judgment that during the festival of
the Jain community in
-
Divisional Manager, Aravali Golf Club & Anr
vs. Chander Hass & Anr [2008 (1) SCC 683] – His Lordship stated that Judges should maintain restraint and should not encroach upon the domain of the legislature and the executive.
-
Govt. of A.P. & Ors.
Vs. Smt. P. Laxmi Devi [2008 (4) SCC 720] – the scope of judicial review of statutes was discussed and it was observed that ordinarily the judiciary should uphold statute (unless clearly unconstitutional) since the legislature was a coordinate wing of the State.
-
State of Assam vs.
Union of India & Ors (Original Suit No. 2/1988) -
This case relates to boundary disputes between the State of Assam and the State of
-
Craig Allen Coates
vs. State & Anr [CA No. 7475/2010] – This case related to the adoption of a mentally disabled child by an American couple, one of whom was suffering from cerebral palsy. The Court allowed the adoption, and also directed that a Committee of Experts be set up to look into all international adoptions.
-
Martin F.D’Souza
vs.
-
Lata Singh vs. State of U.P. & Anr. [AIR 2006 SC 2522, 2006(5) SCC475] - In this case, His Lordship held that once a person becomes a major he/she has the right to choose his/her life partner whatever be the caste or religion.
-
Sansar Chand vs.
State of
-
D. Velusamy vs. D. Patchaiammal (Crl. Appeal Nos. 2028-2029/2010). In this judgment the Court distinguished the ‘relationships in the nature of marriage’ and ‘live-in
relationship’ under the Domestic Violence Act, 2005.
In pronouncing the judgment the Court sympathizes with the women who have had a live in relationship from the benefit of Domestic Violence Act, but is helpless as it is not in the domain of the Court to legislate or amend the law.
-
Raja Khan vs.
U.P. Sunni Central Waqf Board & Anr.
(Judgment dtd.26.11.2010 and Order dtd.10.12.2010) – This is Allahabad High Court Case.
- Sukhdev Singh Anr.
vs.
State of
- A.S. Mohammed Rafi vs.
State of
- Transport & Dock Workers Union & Ors.
vs.
- M/s. Bajaj Hindustan Ltd. vs.
Sir Shadi Lal Enterprises Ltd. & Anr.
(Judgment dtd. 29.11.2010) - This is a case on Sugar Industries.
- Thathamsetty Suresh vs.
State of
- Satya Narayan Tiwari @ Jolly & Anr. vs. State
of
- State of
Justice Katju is specialized in Refugee Law, which is a branch of international law.
He has presented several papers on the topic in international conferences abroad. His paper, on `
Justice Katju is a votary of human rights. However, he firmly believes that all social problems cannot be solved only by judicial pronouncements. The alternative method of adjudication, i.e. mediation, must be explored, as only one side wins in a court of law, but through mediation both parties partially win as the process is done out of court through mutual discussions in the presence of a trained mediator. It is under the stewardship and active interest and guidance of Justice Katju that dispute resolution by mediation in
A well-read and erudite person. He is loved by young and old for his erudition and vast knowledge of diverse subjects including law, literature, philosophy, jurisprudence, social science, history etc.
Hon’ble Mr. Justice Markandey Katju is the son of late Justice S. N. Katju (former Judge of Allahabad High Court) was born on 20 September 1946 at
