Dipak Misra

Term

10th Oct 2011 - 2nd Oct 2018

Justice Dipak Misra hails from the state of Odisha. He enrolled as an Advocate in 1977 and practiced Constitutional, Civil, Criminal, Revenue, Service and Sales Tax matters at the Orissa High Court and the Service Tribunal.

After practicing as an advocate for 19 years, he was appointed as an Additional Judge of the Orissa High Court in 1996 and was subsequently transferred to the Madhya Pradesh High Court in 1997. He became a permanent Judge on 19th December, 1997. Justice Misra was appointed as the Chief Justice of the Patna High Court in 2009. He became the Chief Justice of the Delhi High Court in 2010.

He was elevated as a Judge of the Supreme Court of India in 2011.

Justice Misra was sworn in as the Chief Justice of India on August 28th 2017. He was administered the oath of office by President Ram Nath Kovind. He will be the 45th Chief Justice of India and have a 14-month tenure until October 2018. He succeeds Justice J. S. Khehar.

Notable Judgements

Just Misra headed the Delhi High Court bench which directed that the Delhi Police must upload FIRs on their website within 24 hours of the FIRs being lodged, in order to enable the accused to file appropriate applications before the court for redressal of their grievances. Only officers above the rank of Deputy Commissioner of Police can take the decision to not upload a copy of the FIR.

In a case on reservations in promotion, Justice Misra was a part of the bench that upheld the Allahabad High Court judgment on providing reservation in promotions, but only if there is sufficient data and evidence to justify the need. The bench set aside the Uttar Pradesh government’s decision to provide reservation in promotion on the ground that it failed to furnish sufficient data and evidence.

Justice Misra led the bench which rejected the 1993 Mumbai serial blasts convict Yakub Memon’s appeal to stop his execution. Despite receiving various death threats, he successfully punished Yakub Menon with a death penalty.

A three-judge bench led by Justice Misra has upheld and authored the landmark judgement confirming the death sentence awarded to the four convicts of the Nirbhaya rape case. The Delhi gang rape and murder shook the nation and spurred the genesis of a stringent anti-rape law. Justice Misra termed the convicts as those who “found an object for enjoyment in her… for their gross, sadistic and beastly pleasures… for the devilish manner in which they played with her dignity and identity is humanly inconceivable”.

Justice Misra had also upheld the constitutionality of criminal defamation, and was part of the Bench of the Supreme Court’s seven senior-most judges who convicted then Calcutta High Court judge C. S. Karnan of contempt of court and sentenced him to six months’ imprisonment.

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