HONBLE JUDGE OF

THE SUPREME
COURT
By
Amber.J.Singhai

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picture

MR. JUSTICE
MARKANDEY
KATJU
HON'BLE MR. JUSTICE
MARKANDEY KATJU
FORMER JUDGE
(DOB 20.09.1946)
TERM OF OFFICE: 10.04.2006 TO
19.09.2011

CONTRIBUTION TO INDIAN
LEGAL SYSTEM
J.Katju started his law practice at the Allahabad High Court in 197091 specializing in Labour Law, Taxation and Writ Petitions. He has
worked as Standing Counsel, Income Tax Department. He was
elevated to the Bench of Allahabad High Court in 1991.
His courtroom was one of the fastest in the Supreme Court disposing
off 100-plus matters in a week.
J.Katju is a voracious reader and a propagator of national unity and
freedom. He has often quoted from the Bhagwat Gita, Quran and
Bible in various instances throughout his career, only to illustrate
his thoughts better and clearer. He once quoted Mirza Ghalib in one
of the landmark judgment on euthanasia (mercy killing) in
Mumbais Aruna Ramachandra Shanbaug case.
He said, Marte hain aarzoo mein marne ki, Maut aati hai
par nahin aati"
Fromdowrytoalimony for live-in partner, observations to
reiteration ofinterim bail as a constitutional right,

As Chief Justice of Madras High Court, he gave a landmark judgment, Rama

Muthuramalingam v. Dy.S.P, AIR 2005 Madras 1, on the constitutional
question of inter se relationship between the Judiciary, the Legislature and the
Executive in which His Lordship emphasized on judicial restraint and the
impropriety of the judiciary encroaching onto the legislative or executive
domain. His speech at the first anniversary of the Madurai Bench of the
Madras High Court in which he said that the people have a right to criticize
the judiciary as the people were supreme in a democracy, and all authorities
including Judges were servants of the people, was hailed by Mr. Fali
Nariman, the doyen of the bar, in a centre spread article in Indian Express.
In the case of Md Sukur Ali Vs State of Assam, a division Bench of
Katju and Justice Mishra ruled that criminal defendants have a right
to counsel. "Article 21 which guarantees protection of life and
personal liberty is the most important of all the Fundamental Rights
guaranteed by the constitution," the apex court bench said. They
further observed that, "In the absence of a counsel, for whatever
reasons, the case should not be decided forthwith against the
accused but in such a situation the court should appoint a counsel
who is practising on the criminal side as amicus curiae and decide
the case after fixing another date and hearing him," This judgment
received both national and international recognition

InD. Velusamy vs D. Patchaiammal, delivered on 21 October 2010, relating

to the maintenance of a woman in a live-in relationship, was the first time
the apex court laid the legal framework for recognizing a woman's rights in a
live-in relationship.

Katju issued notices to the Centre and state governments directing

them to file compliance reports on steps taken to rehabilitate sex
workers in the case of Budhadev Karmaskar vs State of West
Bengal. The accused had brutally murdered a sex worker and claimed
leniency in his petition in the Supreme Court, citing the victim's
profession. The court dismissed the petition, stating that "prostitutes
have a right to live with dignity under Article 21 of the Constitution of
India." The court further observed that "This is a case of brutal
murder of a sex worker. Sex workers are human beings and no one has
a right to assault or murder them.
His observations on theBinayak Sens trial at Chhattisgarhwere
widely appreciated. On April 14, he said, Mere membership of a
banned organisation does not make a person terrorist or a criminal.
Katju granted bail to the alleged maoist sympathiser the following
day. A win for many human rights activists in India and abroad.