Justice Dipak Mishra: Former Chief Justice of India


Justice Dipak Misra is an Indian judge who served as the 45th Chief Justice of India from 28 August 2017 till 2 October 2018. Before that, he served as the Chief Justice of the Patna High Court and Delhi High Court.

Personal Details

Justice Dipak Misra (born October 3, 1953), an Indian jurist, held the position of 45th Chief Justice of India. The Patna High Court and the Delhi High Court have previously had him as their Chief Justice. He is Justice Ranganath Mishra’s nephew, who served as the 21st Chief Justice between 1990 and 1991.

Carrier

In the year 1977, Dipak Mishra started working as an advocate. He began his career as a High Court of Orissa attorney, defending his clients in a wide range of disputes, including criminal, civil, constitutional, and service tax. In 1996, after spending 19 years practicing law, he was eventually elevated to the prestigious Orissa High Court's Additional Judgeship. He was appointed a permanent judge of the Madhya Pradesh High Court a year later.

In 2009, he was appointed Chief Justice of the Patna High Court after serving for 12 years as a permanent judge of the Madhya Pradesh High Court. He was appointed Chief Justice of the Delhi High Court a year later. In 2011, he was then elevated to the position of Supreme Court judge. He is well recognized for some of his decisions as a judge on the Supreme Court of India, including the Yakub Menon decision. Despite receiving death threats from a number of terrorist groups, he refused to submit and carried out the judgment. That decision will always be regarded as one of the most important rulings in his tenure as a Supreme Court judge.

He made courageous decisions in a number of other cases. In the course of his career, he rendered judgment in more than 5,000 pending cases, which greatly aided in their resolution. He was instrumental in improving the effectiveness of and resolving the Mediation Center of Lok Adalat. The only position open for him after a distinguished career thus far was Chief Justice of India. On August 28, 2017, he was appointed the 45th Chief Justice of India, after the recommendation of the outgoing Chief Justice of India, Jagdish Singh Khehar.

Major Judgement

  • Own Motion Vs State case − As a result of Mishra’s decision in this case, Delhi Police are now required to post First Information Reports (FIR) online within 24 hours of the FIRs being filed. This gives the accused the opportunity to provide the court with the proper applications for the redress of their grievances.

  • Hadiya court case − Hadiya, a Muslim convert from Kerala, was allowed to marry Shafin Jahan in this case, and the judge upheld the marriage. He made the observation that the right to marry the person of one's choice is essential to the rights to life and liberty, and that picking a religion is the foundation of individuality, without which the right of choice becomes a shadow.

  • Temple at Sabarimala welcomes female visitors − The Ayyappan Temple in Sabarimala, a Hindu pilgrimage site in Kerala's Periyar Tiger Reserve, receives between 45 and 50 million visitors annually. But women between the ages of 10 and 50 were barred. On September 28, a five-judge panel presided over by Chief Justice of India Dipak Mishra and including Justices R F Nariman, A M Khanwilkar, D Y Chandrachud, and Indu Malhotra overturned a ruling made 27 years earlier by the Kerala High Court that limited women's access to the temple.

  • Section 377 is repealed − In a landmark decision, a five-judge SC bench decriminalized homosexuality by striking down Section 377 of the Indian Penal Code. The bench modified Section 377 to prohibit all forms of adult consensual sexual behavior after describing it as "irrational, untenable, and clearly arbitrary."

Fact Detail
NameDipak Mishra
Date of Birth3 October 1953,
Alma MaterMadhusudan Law College, Cuttack
Official Tenure1st December 2009 – 2nd October 2018
PresidentRam Nath Kovind
Preceded byJagdish Singh Khehar
Succeeded byRanjan Gogoi
As Judge
  • Chief Justice of the Patna High Court

  • Chief Justice of the Delhi High Court

  • Justice of the Supreme Court of India

  • Chief Justice of India

Allegations

At a press conference on January 12, 2018, four senior Supreme Court justices—Jasti Chelameswar, Ranjan Gogoi, Madan Lokur, and Kurian Joseph—criticized Mishra’s management style and case selection. Close associates of Mishra, however, denied these accusations. Legal authorities like Soli Sorabjee and Ujjwal Nikam opined that the four judges' mutiny against the Chief Justice of India will harm the judiciary by undermining public confidence in it.

FAQs

Q1. Who had appointed Dipak Misra as the chief justice of India?

Ans. Former President Ram Nath Kovind had appointed justice Misra as the chief justice of India.

Q2. Justice Dipak Mishra belongs to which state?

Ans. Dipak Misra was the 3rd person from Odisha, who became the chief justice of India.

Q3. How many courts, justice Dipak Misra served before being appointed as a judge of the Supreme Court of India?

Ans. Before being appointed as a judge of the Supreme Court of India, justice Misra served four High Courts namely, Orissa High Court (served as Additional Judge in 1996), Madhya Pradesh High Court (permanent judge), Patna High Court (as chief justice) and Delhi High Court (as chief justice).

Updated on: 09-Feb-2023

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