Deepak Gupta

Term

17th Feb 2017 - 6th May 2020

Justice Deepak Gupta was born to a family of lawyers, his father Mr. M.R Gupta having been a leading advocate at the High Courts of Himachal Pradesh and Delhi. Justice Gupta graduated with an LLB degree from Campus Law Centre, University of Delhi in 1978, pursuant to which he commenced his legal practice at the High Court of Himachal Pradesh. As an advocate, he dealt primarily with Constitutional, Civil and Corporate litigation and was empanelled as Standing Counsel in the High Court for the Himachal State Road Transport Corporation, the Housing Board, and the New India Assurance Companies. A member of the Himachal Pradesh High Court Bar association (HPHCBA), Justice Gupta was elected as its secretary in 1982-1983, the Vice President in 1993094 and the President in 2002-2003.  After 26 years of legal practice as an advocate, Justice Gupta was elevated as Judge of the High Court of Himachal Pradesh in October 2004.

During his tenure as Judge of the High Court of Himachal Pradesh, Justice Gupta was Administrative Judge of various divisions of the High Court, including the largest division of Kangra. He also headed the Green Bench of the High Court and authored important judgments on environment protection laws and policies, in addition to pressing over a  criminal and civil rosters. He has also served as acting Chief Justice of the Court on two occasions. Justice Gupta’s contributions to the social justice have been significant and he was the Chairman of the  State of Himachal’s Legal Services Authority for 3 years during which he ensured that the benefit f legal aid was available to the poor and disadvantaged sections of society.

Justice Gupta takes a keen interest in academic and had a 3 year long term as President of Himachal Pradesh Judicial Academy. He has also been a guest lecturer at French National Centre for Scientific Research, Paris. Additionally, he has also chaired the initiatives towards digitisation of the Himachal Pradesh High Court, heading the committee on computerisation of all courts in Himachal Pradesh and developing the e-court modules for the State.

Justice Deepak Gupta was appointed the first Chief Justice of the High court of Tripura on 23.03.2013 and was subsequently transferred to and took oath as Chief Justice of the High Court of Chattisgarh on 16.05.016. Justice Gupta was elevated as Judge of the Supreme Court of India on 17.02.2017.

Notable Judgments

Justice Deepak Gupta served on the Bench that delivered the landmark judgment on Child Marriages and are where a two Judge Bench of Justice Madan B Lokur and Justice read down Exception 2 to Section 375 of the IPC holding that a husband may be charged of rape in case where the wife is a minor as sex with a minor wife would amount to rape in view of the legal framework on the age of consent and the provisions of protection of Children from Sexual offences Act, 2012.

He was also a member of the two Judge Bench that set aside a decision of the High Court of Himachal Pradesh owing to the poor language and resultant ambiguity of the decision.

Justice Gupta recently served on a Three Judge Bench that delivered its verdict on Default Bail wherein the Hon’ble Supreme Court by a 2:1 majority, has held that an accused would be entitled to statutory bail under Section 167(2)(a)(2) of Code of Criminal procedure if the police failed to file the charge-sheet within 60 days of his arrest for the offence punishable with ‘imprisonment up to 10 years.

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