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Hon'ble Chief Justice of IndiaRanjan Gogoi | |
---|---|
46th Chief Justice of India | |
Incumbent | |
Assumed office 3 October 2018 | |
Appointed by | Ram Nath Kovind |
Preceded by | Dipak Misra |
Judge of Supreme Court of India | |
In office 23 April 2012 – 2 October 2018 | |
Nominated by | S. H. Kapadia |
Appointed by | Prathiba Patil |
Chief Justice of Punjab and Haryana High Court | |
In office 12 February 2011 – 23 April 2012 | |
Nominated by | S. H. Kapadia |
Appointed by | Pratibha Patil |
Preceded by | Mukul Mudgal |
Succeeded by | Adarsh Kumar Goel (acting) |
Judge of Punjab and Haryana High Court | |
In office 9 September 2010 – 11 February 2011 | |
Nominated by | S. H. Kapadia |
Appointed by | Pratibha Patil |
Judge of Gauhati High Court | |
In office 28 February 2001 – 8 September 2010 | |
Nominated by | Adarsh Sein Anand |
Appointed by | Kocheril Raman Narayanan |
Personal details | |
Born | Ranjan Gogoi (1954-11-18) 18 November 1954 (age 70) Dibrugarh, Assam, India |
Spouse | Rupanjali Gogoi |
Children | Raktim Gogoi and Rashmi Gogoi |
Parent |
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Alma mater | University of Delhi |
Ranjan Gogoi (born 18 November 1954) is an Indian jurist serving as the 46th and current Chief Justice of India since 3 October 2018. His term as Chief Justice ends on 17 November 2019. He is the first person from Northeast India to become Chief Justice of India.
Early life and career
Ranjan Gogoi's father is Kesab Chandra Gogoi, an Indian National Congress politician who served as Chief Minister of Assam for two months in 1982. Gogoi attended Don Bosco school in Dibrugarh before moving to Delhi to complete pre-university studies. He then studied at St. Stephen's College, Delhi, graduating with honours in history, before attending Delhi University, where he received a law degree.
Gogoi enrolled at the bar in 1978, and practised at the Gauhati High Court, where he was made a Permanent Judge on 28 February 2001. He was transferred to the Punjab and Haryana High Court on 9 September 2010, becoming its Chief Justice on 12 February 2011. On 23 April 2012, he was elevated as a Judge of the Supreme Court.
On 3 October 2018, he was appointed Chief Justice of India, succeeding Dipak Misra.
Significant judgments and orders
On arbitration
A juidical bench comprising Gogoi and R. Banumathi observed that in the absence of arbitration agreement, the court can only refer parties to arbitration with written consent of the parties. This could be only be by a joint memorandum or application, not oral consent given by counsel.
On re-assessment of income of Amitabh Bachchan
In May 2016, a bench comprising Gogoi and Prafulla C. Pant quashed a 2012 Bombay High Court order that dismissed CIT's power to re-assess the income of Bollywood actor Amitabh Bachchan that he allegedly had obtained from the popular TV quiz show, Kaun Banega Crorepati.
In October 2002, Bachchan filed returns showing income of Rs 14.99 crore for the tax assessment year 2002-03. On 31 March 2003, he filed revised returns, declaring total income for that year in which he claimed expenses at 30% ad hoc amounting to Rs 6.31 crore, showing his income at Rs 8.11 crore. In March 2005, the Income Tax Department determined his income at Rs 56.41 crore for the year.
Dismissal of petition seeking a Special Investigation Team probe
Led by Gogoi, on 24 January 2018 the Supreme Court dismissed Advocate Kamini Jaiswal's petition seeking a Special Investigation Team (SIT) investigation of attacks on Kanhaiya Kumar, the Jawaharlal Nehru University student union leader, on 15 and 17 February 2016 at Patiala House Court while he was escorted to courtroom in a sedition case.
On Govindaswamy vs State of Kerala
Main article: Soumya murder case23-year-old Soumya, an employee of a Kochi shopping mall, was assaulted by one Govindaswamy in an empty ladies' coach of Ernakulam-Shoranur passenger train on 1 February 2011. She was allegedly pushed off from the slow-moving train, carried to a wooded area and subsequently raped. She succumbed to injuries at the Government Medical College Hospital, Thrissur, on 6 February 2011. Govindaswamy was sentenced to death for murder by a trial court and the order was upheld by Kerala High Court on 17 December 2013.
On 15 September 2016, the Apex Court Bench comprising Gogoi, Pant and Uday Umesh Lalit set aside the death penalty and sentenced Govindaswamy to a maximum of life imprisonment for rape and other offences of causing bodily injuries.
However, to hold that the accused is liable under Section 302 IPC what is required is an intention to cause death or knowledge that the act of the accused is likely to cause death. The intention of the accused in keeping the deceased in a supine position, according to P.W. 64, was for the purposes of the sexual assault. The requisite knowledge that in the circumstances such an act may cause death, also, cannot be attributed to the accused, inasmuch as, the evidence of P.W. 64 itself is to the effect that such knowledge and information is, in fact, parted with in the course of training of medical and para-medical staff. The fact that the deceased survived for a couple of days after the incident and eventually died in Hospital would also clearly militate against any intention of the accused to cause death by the act of keeping the deceased in a supine position. Therefore, in the totality of the facts discussed above, the accused cannot be held liable for injury no.2. Similarly, in keeping the deceased in a supine position, intention to cause death or knowledge that such actions may cause death, cannot be attributed to the accused. We are, accordingly, of the view that the offence under Section 302 IPC cannot be held to be made out against the accused so as to make him liable therefor. Rather, we are of the view that the acts of assault, etc. attributable to the accused would more appropriately attract the offence under Section 325 IPC. We accordingly find the accused-appellant guilty of the said offence and sentence him to undergo rigorous imprisonment for seven years for commission of the same... ...While the conviction under Section 376 IPC, Section 394 read with Section 397 IPC and Section 447 IPC and the sentences imposed for commission of the said offences are maintained, the conviction under Section 302 IPC is set aside...
Following the judgement of setting aside the death sentence of the accused in the said Govindaswamy vs State Of Kerala case, Justice Rajan Gogoi and his bench were severely criticized by members of the public, political leaders including Chief Minister of Kerala, Pinarayi Vijayan, Law Minister of Kerala, A.K. Balan, Senior CPI(M) leader V. S. Achuthanandan, media members and legal luminaries including Supreme Court lawyer Kaleeswaram Raj and Supreme Court Justice (retd) Markandey Katju. In a blog entry on 17 September, retired judge Markandey Katju described the Supreme Court's verdict as a "grave error" not expected of "judges who had been in the legal world for decades". He criticised the Bench for believing "hearsay evidence" that Soumya jumped off the train instead of being pushed out by Govindaswamy:
Even a student of law in a law college knows this elementary principle that hearsay evidence is inadmissible.
In response, the SC bench led by Justice Rajan Gogoi decided to convert that blog by Justice Markandey Katju into a review petition and asked him to personally appear in court to debate. On 11 November 2016, he appeared in the court and submitted his arguments. The Court then dictated the order rejecting the review petition and issued contempt of court notice to him stating that "Prima facie, the statements made seem to be an attack on the Judges and not on the judgment". On 6 January 2017, the Supreme Court accepted Katju's apology and closed the contempt proceedings against him.
On people who are originally inhabitants of the state of Assam
On 5 December 2017, while disposing of a Writ Petition (Civil) No. 1020 of 2017, Kamalakhya Dey Purkayastha & Others Versus Union of India & Others clubbed with similar other petitions seeking clarification as to the meaning of people who are originally inhabitants of the state of Assam, a term which appears in a schedule to the Citizenship (Registration Of Citizens And Issue Of National Identity Cards) Rules, 2003 pertaining to special provision as to manner of preparation of National Register of Indian Citizen in state of Assam, the bench comprising Justices Ranjan Gogoi & Rohinton Fali Nariman observed that
The exercise of upgradation of NRC is not intended to be one of identification and determination of who are original inhabitants of the State of Assam..... Citizens who are originally inhabitants/residents of the State of Assam and those who are not are at par for inclusion in the NRC.
The National Register of Indian Citizens or in short the NRC, at its root, comprises all the Local Registers of Indian Citizens containing details of Indian citizens usually residing in a village or rural area or town or ward or demarcated area (demarcated by the Registrar General of Citizen Registration) within a ward in a town or urban area.
The Citizenship (Registration of Citizens and Issue of National Identity Card) Rules, 2003 were amended in November 2009 and March 2010 for preparation of National Register of Citizens by inviting applications from all the residents in Assam for updation of the old National Register of Citizens (NRC) 1951 in Assam based on relevant records. In order to undertake updating of NRC in all districts of Assam, pilot projects for updating of NRC in two blocks (one each in Kamrup and Barpeta districts) were started in June 2010. Subsequently, pilot projects were stopped due to law and order problems. A second attempt to update the register for Assam was made by the Government of India through issuing a Gazette Notification in December 2013.
On 17 December 2014, the bench comprising Justices Ranjan Gogoi & Rohinton Fali Nariman mandated the Government of India to complete the finalization of final updated NRC for the entire state of Assam by 1 January 2016.
2018 Supreme Court crisis
On 12 January 2018, Ranjan Gogoi and three other Supreme Court judges - Jasti Chelameswar, M. B. Lokur and Kurien Joseph - became the first to hold a press conference. They alleged problems plaguing the court, in terms of failure in the justice delivery system and allocation of cases and told journalists that the press conference was prompted by the issue of allocating to Justice Arun Mishra, the case of the death of special Central Bureau of Investigation, Judge B.H.Loya. Loya, was a special CBI judge who had died in December 2014. Justice Loya was hearing the Sohrabuddin Sheikh case of 2004, in which police officers and BJP chief Amit Shah are named. Later, Mishra recused himself from the case. Chelameswar retired on 30 June 2018, leaving Gogoi as the second senior-most judge of the Supreme Court, followed by Lokur and Joseph. Notwithstanding his seniority ranking, the Chief Justice of India, Dipak Misra, appointed Gogoi as his successor.
References
- "Former Hon'ble Chief Justice of the High Court of Punjab and Haryana". highcourtchd.gov.in. Retrieved 14 September 2018.
- Karmakar, Rahul (8 September 2018). "Who is Ranjan Gogoi, and what is he known for?". The Hindu.
- "अलहदा किस्म के न्यायाधीश". aajtak.intoday.in.
- Prakash, Satya (5 April 2017). "SC judges' sons object to inclusion in Punjab panel". The Tribune.
- "Ranjan Gogoi sworn in as SC judge". The Assam Tribune. 24 April 2012.
- "Hon'ble Mr. Justice Ranjan Gogoi". Supreme Court of India. Archived from the original on 11 May 2012.
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- "Ranjan Gogoi". scobserver.clpr.org.in. 14 October 2018. Retrieved 14 October 2018.
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(help) - "Justice Gogoi: A profile". Deccan Herald. 14 September 2018.
- "Justice Ranjan Gogoi - A brief profile". 3 September 2018.
- "Hon'ble Mr. Justice Ranjan Gogoi". Supreme Court of India.
- "In Ranjan Gogoi, northeast will have representation in Supreme Court". The Hindu. 29 March 2012.
- K.M, Ashok (12 March 2018). "Courts Can't Refer Parties To Arbitration On Oral Consent Given By Their Counsel: SC [Read Judgment]". www.livelaw.in.
- "Amitabh Bachchan gets apex court notice over crorepati income". 9 January 2013.
- "IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4646 OF 2010" (PDF). itatonline.org. 5 July 2012. Retrieved 7 May 2019.
- "THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5009 OF 2016" (PDF). itatonline.org. 2016. Retrieved 7 May 2019.
- Mishra, Prabhati Nayak (24 January 2018). "'We Don't Want To Flog A Dead Horse': SC Turns Down Plea For SIT Probe Into 'Attack' On Kanhaiya Kumar On Court Premises". www.livelaw.in.
- Kini, M. A. Rashid & Ashok (15 September 2016). "Soumya Case: SC Acquits Govindachami Of Murder Charges; Awards LIFE TERM For Rape [Read Judgment]". www.livelaw.in.
- "SC issues contempt notice to Markandey Katju; 'not scared' says the retired judge - Times of India ►".
- Rajagopal, Krishnadas (17 October 2016). "SC to Katju: Join the Soumya case hearing" – via www.thehindu.com.
- "SC to Katju: Join the Soumya case hearing". thehindu.com. Retrieved 19 October 2016.
- "SC issues contempt notice to Markandey Katju; 'not scared' says the retired judge". timesofindia.indiatimes.com. Retrieved 12 November 2016.
- "Markandey Katju 'escorted' out of court, SC slaps contempt notice on former judge". firstpost.com. Retrieved 12 November 2016.
- "SUO MOTU CONTEMPT PETITION (CRIMINAL) NO.4 OF 2016" (PDF). sci.nic.in/. Retrieved 17 November 2016.
- "Supreme Court accepts Justice Markandey Katju's apology, closes contempt proceedings". indian express. Retrieved 6 January 2017.
- "THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION WRIT PETITION (CIVIL) NO. 1020 OF 2017" (PDF). www.sci.gov.in. 5 December 2017. Retrieved 7 May 2019.
- "GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS LOK SABHAUN STARRED QUESTION NO.731" (PDF). mha.gov.in. 15 July 2014. Retrieved 7 May 2019.
- "Writ of petition" (PDF). nrcassam.nic.in. Retrieved 7 May 2019.
- "Top court order on NRC - SC gives Centre, Assam 3 years to update register". www.telegraphindia.com.
- "Supreme Court crisis: All not okay, democracy at stake, say four senior-most judges".
- "Loya Case the Tipping Point, Four SC Judges Say Democracy Is in Danger". The Wire.
- "Arun Mishra pulls out of Loya case". www.telegraphindia.com.
- "Justice Chelameswar retires, says no regrets about press conference on CJI". 22 June 2018.