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‘Never let yourself be compromised as a judge’: Justice Chandrachud reminisces his father’s advice

November 10, 2024, 5:15 pm

In his farewell speech at an event organized by the Supreme Court Bar Association, Chief Justice of India DY Chandrachud shared a poignant memory with his father, former Chief Justice YV Chandrachud, about a flat in Pune.

“He bought a small flat in Pune. I asked him, ‘Why are you buying a flat in Pune? When will you stay there?’ He replied, ‘I know I’ll never live there. I’m not sure how long I’ll be around, but keep this flat until your last day as a judge.’ When I asked why, he said, ‘If you ever feel your moral or intellectual integrity is compromised, I want you to know you have a roof over your head. Never let yourself be compromised as a lawyer or a judge because you have no place of your own.'” The Chief Justice noted that his father was a disciplined man, yet he did not impose strict discipline on his children, believing they should learn from his own example.

The event was attended by the Chief Justice’s family. Remembering his mother, he shared, “I was a sick child, prone to illness, and my mother often stayed up through the night to care for me. I still remember her words, ‘Medicine is like the Ganges, and the doctor is in the position of Narayan (God).’ She would say, ‘I named you Dhananjay, but the ‘dhan’ is not material wealth—I want you to acquire knowledge.'”

The Chief Justice’s mother, Prabha Chandrachud, was a classical musician for All India Radio. “Like many Maharashtrian women, she was a powerful figure. Our home was women-dominated, and my mother was at the helm,” he said, drawing laughter when he added, “Women from Odisha seem similar. My wonderful wife Kalpana calls all the shots at home but never interferes with my judgments.”

Reflecting on his childhood, the Chief Justice said he was disciplined, though not overly so. “I was allowed to have my own childhood without my parents imposing their dreams on me. They never tried to live their dreams through me.”

He also shared memories of Bhimabai Bhanu Kamath, a household help who played a big role in his upbringing. “Bhimabai was completely illiterate, learning to write her name only after joining our family. Despite my father’s status as a judge, she helped me form friendships with children from the margins of society. My closest friend wore two pairs of shorts—not because he had extra, but to hide the holes in them.” He added that he and his sister think of Bhimabai almost every day.

The Chief Justice also recalled his father’s guidance when he had to select a subsidiary subject as a student at Delhi University. “Most of my friends chose philosophy, a subject you could read for a night and pass. But my father insisted I take Hindi, despite my familiarity only with colloquial ‘Bambaiya’ Hindi. It was a tough decision.” Learning Hindi introduced him to the works of great writers like Mahadevi Verma, Jaishankar Tripathi, Nirala, Ramdhari Singh Dinkar, and Munshi Premchand. He later realized the importance of this choice when he served at the Allahabad High Court. “Advocacy in English often ended with ‘please, your lordship,’ but when I spoke in Hindi, lawyers connected with me. Despite my imperfect language, they saw I was reaching out to them in a way that mattered.”

Also read: Maharashtra Polls: MVA Releases Manifesto, Promises Caste Census and Monthly Aid for Women

Today, Chief Justice DY Chandrachud retires after two years in the nation’s top judicial post, which he assumed in November 2022. Justice Sanjiv Khanna will be sworn in as the next Chief Justice tomorrow.

‘Forgive Me if I Ever Hurt Anyone’: Chief Justice DY Chandrachud Seeks Forgiveness in Farewell Speech

November 8, 2024, 7:13 pm

On his last working day, Chief Justice of India (CJI) DY Chandrachud delivered an emotional farewell speech, seeking forgiveness from anyone he may have unintentionally hurt during his judicial tenure. Addressing a packed courtroom, he expressed heartfelt gratitude, reflecting on the challenges and responsibilities of the judiciary.

“It is this court that keeps me going…we meet people we possibly don’t know. I thank all of you and each one of you. If I ever hurt anyone in the court, I would like you to please forgive me. Thank you for coming in such large numbers,” said CJI Chandrachud during his farewell remarks.

Commitment to Justice Until the Very End

Leading a Ceremonial Bench to mark his retirement, CJI Chandrachud shared that he was keen to hear as many cases as possible before his last official court session. “When my court staff asked me yesterday what time the Ceremonial Bench shall be listed, I told them I’ll do as many matters as I can… I wouldn’t want to miss the opportunity to do justice till the last time possible,” he noted.

CJI Chandrachud, who took office as the 50th Chief Justice in November 2022, expressed humility at the turnout for his farewell and likened his role to a short, meaningful journey. “Last night, I was wondering if the court would be empty at 2 pm and I would be looking at myself on the screen. I’m humbled by the presence of all of you. We are here as pilgrims, birds for a short passage of time, do our work, and leave,” he reflected.

Praise for His Successor, Justice Sanjiv Khanna

In his concluding remarks, CJI Chandrachud extended warm words for his successor, Justice Sanjiv Khanna, calling him “so stable, solid, and dignified.” Justice Khanna, who has been appointed as the 51st CJI, will assume office following CJI Chandrachud’s retirement.

CJI Chandrachud’s tenure has been marked by significant decisions and a commitment to enhancing access to justice. As he departs, his legacy and approach to judicial service will remain influential within India’s legal landscape.

AI Lawyer Faces CJI Chandrachud’s Bold Question: What Was It? Could It Answer? | WATCH

November 7, 2024, 1:58 pm

At the inauguration of the National Judicial Museum and Archive (NJMA) at the Supreme Court, Chief Justice of India DY Chandrachud engaged with an ‘AI lawyer,’ posing a thought-provoking question: “Is the death penalty constitutional in India?” The Chief Justice’s interaction with the AI highlighted the fusion of technology with law in India’s highest court, emphasizing the evolving role of AI in addressing complex legal questions. The NJMA, established to preserve and showcase India’s rich judicial heritage, marks a step forward in both preserving legal history and incorporating advanced tech tools like AI into the judicial landscape.

WATCH THE VIRAL VIDEO:

#WATCH | Delhi | At the inauguration ceremony of the National Judicial Museum and Archive (NJMA) at the Supreme Court, Chief Justice of India DY Chandrachud interacts with the ‘AI lawyer’ and asks, “Is the death penalty constitutional in India?” pic.twitter.com/ghkK1YJCsV

— ANI (@ANI) November 7, 2024

AI Transforms Legal Research

In today’s fast-paced legal environment, litigators are using AI to streamline research and improve strategy. Legal AI tools rapidly analyze extensive case law, summarizing relevant precedents with impressive accuracy. This technology enables lawyers to perform comprehensive research faster, ensuring no detail is missed.

AI-powered litigation analytics also help attorneys assess case trends and predict outcomes, guiding strategic choices. By reducing manual research, AI not only saves time but also cuts litigation costs, allowing broader access to justice and reducing financial risks for funders supporting cases with limited resources.

Kolkata Doctor’s Rape Case: Chief Justice Rebukes Lawyer for Loud Arguments, Lawyer Apologizes

September 9, 2024, 3:13 pm

In a heated session today, Chief Justice DY Chandrachud of the Supreme Court rebuked a lawyer for his loud and confrontational manner during the proceedings of the Kolkata doctor’s rape and murder case. The case, which has garnered significant public attention, is being heard by a three-judge bench including Justice Manoj Misra and Justice JB Pardiwala.

A Clash in Court

The incident unfolded as Senior Advocate Kapil Sibal accused Advocate Kaustav Bagchi, a BJP leader who recently switched from Congress, of throwing stones during a protest related to the August 9 assault at the RG Kar Medical College and Hospital. In response, Bagchi questioned how a senior counsel could make such allegations in court.

Chief Justice Chandrachud intervened, instructing Bagchi to lower his voice, pointing out that his conduct was more suited to addressing the public outside rather than the judges. “Can you first lower your pitch?” the Chief Justice said. “You are addressing three judges in front of you, not the large audience watching on the video conferencing platform.” Bagchi subsequently apologized for his outburst.

Courtroom Dynamics

The Chief Justice also expressed frustration over multiple lawyers speaking simultaneously, noting that he was not accustomed to such chaotic advocacy. The Supreme Court has instructed the CBI to submit a new report by next Tuesday, emphasizing the importance of determining who collected the forensic samples from the crime scene.

Solicitor General Mehta highlighted the complexity of the forensic issues, mentioning that samples would be sent to the All India Institute of Medical Sciences (AIIMS) in Delhi for further examination. He revealed that the forensic report showed the victim was found semi-nude with injury marks, raising questions about the handling of the evidence.

Kolkata rape-murder case: SC constitutes task force to improve hospital safety

August 20, 2024, 5:36 pm

On Tuesday, the Supreme Court of India emphasized the urgent need for changes to improve safety conditions for medical professionals, setting up a National Task Force (NTF) to develop an action plan aimed at preventing violence and ensuring safe working environments in hospitals.

The Supreme Court on Tuesday said that the nation can’t wait for another rape and murder for bringing changes on the ground and set up National Task Force to prepare an action plan to prevent violence against medical professionals and providing safe working conditions.

“As more and more women join the work force, the nation cannot wait for another rape for things to change on the ground,” the top court said.

Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, expressed strong concerns while hearing a suo motu case related to the brutal attack on a 31-year-old postgraduate doctor on August 9, 2024. The doctor, who was working a 36-hour shift, was allegedly raped and killed in the hospital’s seminar room. The Court criticized the West Bengal government for its delayed response, noting a three-hour wait before registering an FIR, and condemned the circulation of the victim’s graphic images on social media, which violated her dignity and privacy.

In its ruling, the Supreme Court highlighted the broader issue of inadequate safety protocols in medical institutions. The Court emphasized that ensuring safe and dignified work conditions for medical professionals is not just a matter of individual protection but a national priority, given the increasing participation of women in the workforce. The Court’s statement underscored that the nation cannot afford to wait for another tragedy to prompt necessary reforms.

The NTF, which includes prominent figures such as Vice Admiral Arti Sarin, Dr. D Nageshwar Reddy, Dr. M Srinivas, and Dr. Pratima Murthy, among others, has been tasked with devising strategies to address violence against medical professionals. The task force will also include ex-officio members from key government departments and agencies, including the Cabinet Secretary, Home Secretary, and representatives from the National Medical Commission and National Board of Examinations.

The Court’s directive to the NTF includes creating an action plan divided into two main areas: preventing violence, including gender-based violence, and establishing enforceable protocols for safe working conditions. The plan should address several aspects, including enhanced security measures such as triaging hospital areas based on risk, implementing baggage screening systems, and training security personnel to manage potentially volatile situations. Additionally, the plan should consider infrastructural improvements, like separate resting rooms for different genders and the installation of security technologies such as biometric access controls and CCTV cameras.

The NTF is also expected to review existing mechanisms for internal complaints and workplace safety in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The task force is required to submit an interim report within three weeks and a final report within two months.

The Supreme Court has instructed State and Union Territories’ governments to gather information on hospital security protocols, including personnel employed, screening mechanisms, and the availability of resting rooms. Additionally, the Central Bureau of Investigation has been asked to report on the progress of the RG Kar Medical College case, and the West Bengal government must provide an update on the vandalism that occurred at the hospital following the incident.

The matter is scheduled for further review on August 22, 2024, as the Court continues to monitor the progress of these critical reforms.

CJI Chandrachud emphasizes on digitising the investigation process

April 1, 2024, 10:51 pm

Chief Justice of India DY Chandrachud emphasized that the primary investigative bodies of the nation are overstretched and should prioritize matters concerning national security and offenses against the nation. Speaking at the 20th DP Kohli Memorial Lecture on CBI Raising Day, he also highlighted the evolving landscape of crime due to technological advancements, presenting the agency with intricate challenges.

CJI Chandrachud said, “The CBI is being increasingly asked to delve into diverse array of criminal cases beyond its role as anti-corruption investigative agency. This places a huge responsibility on CBI to live upto its motto.”

Further adding, “I think we have spread out the premier investigative agencies too thin. They must only focus on those that concern national security and crimes of economic offences against the nation.”

He proposed that digitizing the investigative process, starting from the filing of a First Information Report, could be the answer. With a vast number of cases, utilizing technology is essential to minimize delays.

He added, “All arms of the criminal justice administration and all stakeholders including the FSLs must collaborate by holding workshops to help confront challenged we face.”

The additional adjustments should involve enhancing the probe agency through structural reforms. Additionally, leveraging artificial intelligence is crucial for optimal results. Describing it as a transformative tool in criminal justice, he emphasized its potential to extract leads and data with unparalleled precision.

SC Grants Extension of Interim Bail to AAP Leader Satyendar Jain in Money Laundering Case

January 8, 2024, 4:42 pm

The Supreme Court has extended the interim bail granted to AAP leader Satyendar Jain until further orders in connection with a money laundering case. The decision was made by a bench comprising Justice Bela M. Trivedi and Justice Satish Chandra Sharma, following arguments presented by Senior Advocate Abhishek Manu Singhvi, representing Jain.

Singhvi highlighted that Jain has fully cooperated with the investigation, and there is no evidence of a predicate offence against the former minister. He emphasized that, according to the law, a shareholder or director cannot be attributed to the assets of a company, questioning how money could be linked to Jain when it resides within the company.

Additional Solicitor General SV Raju represented the probe agency during the hearing.

The proceedings witnessed several twists and turns as Chief Justice of India DY Chandrachud explained the bench composition change due to a matter related to bail extension. CJI also mentioned receiving communication from Justice AS Bopanna, indicating his inability to hear the matter due to medical reasons.

Satyendar Jain’s bail plea had initially been partly heard by a bench of Justices AS Bopanna and Bela M. Trivedi. However, the matter was subsequently listed before a bench comprising Justice Trivedi and Justice Satish Chandra Sharma.

Jain, who underwent surgery on July 21, has been receiving interim bail on medical grounds, periodically extended. On May 26, the Supreme Court granted him interim bail for six weeks in the money laundering case, imposing conditions such as refraining from interacting with the media and not leaving Delhi without permission. The court had also granted him the right to choose any hospital for medical treatment.

Satyendar Jain had moved the Supreme Court challenging the Delhi High Court’s dismissal of his bail plea in the money laundering case. The Delhi High Court, on April 6, had rejected Jain’s bail plea, stating concerns about his influence and potential to tamper with evidence. Jain’s bail plea had been dismissed by the trial court on November 17, 2022.

The Enforcement Directorate’s case against Jain is based on a CBI complaint alleging that he acquired movable properties from 2015 to 2017, which he couldn’t satisfactorily account for. Jain was arrested on May 30, 2022, and is presently in judicial custody.

CJI on Article 370 verdict: judges decide cases based on Constitution and law

January 2, 2024, 2:36 am

Chief Justice DY Chandrachud has declined to escalate the controversy surrounding the Supreme Court’s unanimous verdict on the abrogation of Article 370, maintaining that judges decide cases based on the Constitution and the law.

During an exclusive interview with a news agency, the CJI candidly addressed the five-judge constitution bench’s decision not to legalise same-sex marriages, emphasising that a case’s outcome is never personal to a judge.

Acknowledging the strenuous battle fought by queer couples for their rights, the 50th Chief Justice of India reflected on the Supreme Court’s stance on October 17, which didn’t grant legal recognition to same-sex marriages but upheld equal rights and protections for queer individuals.

“When a case is decided, we, as judges, detach ourselves from the outcome. The verdicts are never personal for us as judges. I hold no regrets. I’ve been part of majorities and minorities in numerous cases. But the pivotal aspect of a judge’s life is to not align oneself with a cause. After delivering a verdict, I refrain from personal association,” he remarked.

Addressing criticism of the Supreme Court’s decision on Article 370, the CJI highlighted that judges express their stance through their judgment, which becomes public property post-pronouncement. In a free society, individuals are entitled to form their opinions on it.

He further commented, “Our decisions are guided by the Constitution and the law. It wouldn’t be suitable for me to either respond to criticism or defend the judgment. The reasoning present in the signed judgment reflects what we’ve stated, and I must leave it at that.”

SC rejects transfer of Madras HC judge, approves request of two others

March 31, 2023, 2:11 pm

The Supreme Court Collegium recently rejected a request made by Justice VM Velumani to retain her as a Madras High Court judge or in any North-Eastern states. The Collegium, headed by Chief Justice DY Chandrachud, rejected the request of Justice Velumani and refused to reconsider the original decision.

The Collegium, in its resolution dated 29 September, 2022, had proposed to transfer Justice Velumani to the Calcutta High Court for the better administration of justice. Justice Velumani, who was appointed as a judge of the Madras High Court on 20 December, 2013, sought reconsideration of the recommendation in a letter dated 14 October, 2022. Her request was not granted by the Collegium, which reiterated its recommendation for her transfer.

Justice Velumani, in a communication dated 17 March, 2023, sought a transfer to a High Court of the North-Eastern States, preferably Manipur or Tripura, on the ground that she would then be able to retain her official accommodation in Chennai.

“The request made by Justice VM Velumani to retain her at the Madras High Court has been rejected by the Collegium on an earlier occasion. There is no valid reason to reconsider the earlier decision of the Collegium by which her transfer has been recommended to the Calcutta High Court or to grant her fresh request. Her request for transfer to either Manipur or Tripura or any High Court in the North-Eastern States is rejected,” stated the resolution passed by the Collegium.

In another resolution, the Collegium, also comprising Justices Sanjay Kishan Kaul, KM Joseph, MR Shah, and Ajay Rastogi, accepted the request of Justice Sanjeev Prakash Sharma for the transfer to the Punjab and Haryana High Court from the Patna High Court, where he is currently posted.

Justice Sharma has sought repatriation to the Rajasthan High Court on the ground of his poor health and the unavailability of adequate medical facilities in Patna. “He has informally requested that if his repatriation to the Rajasthan High Court is not possible, he would seek a transfer to the High Court of Punjab and Haryana in view of the nature of the medical facilities available at Chandigarh to facilitate treatment of his condition,” the resolution stated.

It added that the Collegium resolved that it is not possible to repatriate Justice Sharma to his parent court. “Bearing in mind the health reasons that have led the judge to seek a transfer out of the High Court where he is posted at present, the Collegium resolves that Justice Sharma be transferred to the High Court of Punjab and Haryana,” the Collegium said.

SC rejects petition looking for direction from Centre for setting rules for registration of live-in relationships in India

March 20, 2023, 8:09 pm

The Supreme Court on Monday rejected the petition looking for setting rules and guidelines for the registration of live-in partnerships in the country.
A bench headed by Chief Justice DY Chandrachud terminated the appeal and said that the petition was an unbalanced petition. The court asked the petitioner if he was trying to substitute the security of those people or not let people to be in live-in relationships.
The petitioner and advocate Mamta Rani has required way from the Centre to mount guidelines and procedures for the registration of live-in partnerships in the country as expeditiously as possible in the interest of justice.
The lawyer, in his Public Interest Litigation, sought direction from the Central Government to formulate rules for the registration of Live-in relationships and also to express guidelines for the registration and social safekeeping of every citizen living in a live-in relationship.
The petitioner said that he was seeking the indulgence of the Court for granting social equality and security to all the live-in partners who wanted to live their life freely being the citizen of India, which is a secular and democratic Country and where the Courts had always worked for giving protection to all the citizens of the country.
“Time and again this Court has been the protector of the live-in partners and has passed a numerous number of judgments which is having the effect of giving protection to the members of the live-in partnership be it the women, men or even the children born out of such relationship.
Even looking at the present scenario and there being absolutely no rules and guidelines covering the live-in partnerships, there has been a vast increase in the crimes by the live-in partners including major crimes like rape and murder,” the petitioner said.
The petitioner said that there is a need of framing laws related to live-in relationships and to achieve that purpose the Central Government must work on getting a database for finding out the exact number of people involved in a live-in relationship in our country.