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陪审团与法官

陪审团和法官

陪审团和法官 (péi shěn tuán hé fǎ guān)

陪审团与法官 (Péi shěn tuán yǔ fǎ guān)

Adarsh Sein Anand: Former Chief Justice of India
  • 时间:2024-12-22

Justice Adarsh Sein Anand, who was born on November 1st, 1936, registered as an attorney on November 9th, 1964. He primarily worked for the High Courts of Punjab and Haryana. He held a variety of academic roles and was connected to a number of universities, including Jammu University and Punjab University. The Constitution of Jammu and Kashmir - Its Development & Comments is another book that he wrote.

Personal Details

He was born in Jammu on November 1st, 1936. He attended Model Academy in Jammu for his early education and obtained his degree from Jammu and Kashmir University. He graduated from Lucknow University with a law degree in 1960 and from University College London with a PhD in Commonwealth Constitutional law.

Professional Details

Justice Adarsh Anand started his legal career as an Inner Temple Society barrister-at-law. On November 9th, 1964, he registered with the Bar Council to become an advocate. He worked in the Haryana High Court and Punjab. On May 26, 1975, he was appointed to the Jammu and Kashmir High Court as an Additional Judge. He was appointed Chief Justice of the Jammu and Kashmir Court on May 11, 1985. On 1 November 1989, he was subsequently appointed Chief Justice of the Madras High Court.

In November 1991, he was promoted from there to the Supreme Court. In 1996, he was chosen to lead the International Institute of Human Rights Society. On May 19, 1997, he became the first Indian to receive a fellowship from University College London. He was chosen to serve as India s Chief Justice in 1998. On February 17, 2003, he was chosen to lead the National Human Rights Commission after serving his final day as CJI. In January 2008, he received the Padma Vibhushan honour.

Major Judgement

Smt. Nilabati Behera Apas Lapt Behera v. the State of Orissa: In order to determine whether the Court may exercise its writ jurisdiction under Article 32 of the Indian Constitution to give repef in a matter where a person reportedly died as a result of injuries sustained while in popce custody, a Full Bench was estabpshed. Justice AS Anand wrote a concurring opinion. According to him, the Supreme Court and the High Courts are "protectors of the citizen s civil pberties." They not only have the authority and the responsibipty to provide repef when the State infringes on a person s right to pfe under Article 21, but they also have to.

D. K. Basu v. State of West Bengal: In, a Bench presided over by Justice A.S. Anand set required regulations that popce officers must scrupulously abide by when making arrests and holding suspects. The standards provide protection against incarceration and torture.

Supreme Court Bar Association v. Union of India: The issue of whether the Supreme Court could suspend a lawyer s pcence as a form of punishment for contempt of court was brought before the Bench. The bench determined that it was improper for the Court to assume control over and carry out the duties of other statutory authorities. Therefore, it was decided that the Bar Council of India has the authority to suspend pcences in the relevant case. When using the authority granted to them by Article 142, courts must use caution.

Joginder Kumar v. the State Of U.P: In a three-judge bench, Justice AS Anand was one of the judges who noted how popce officials were abusing their arrest authority. A popce officer may only make an arrest if there is sufficient justification. The Bench also psted the several rights that people who had been held by the popce or arrested by them might exercise.

Fact Detail
NameAdarsh Sein Anand
Date of Birth1 November 1936
Alma Mater
Official Tenure10 October 1998- 1 November 2001
PresidentK.R. Narayanan
Preceded byMadan Mohan Punchi
Succeeded bySam Piroj Bharucha
As Judge29 Chief Justice of India

Additional Reading – Controversy/Allegation

Senior Attorney Prashant Bhushan filed a motion in which he charged Chief Justices of India with "corruption" and dared the judge to imprison him for "Contempt of court." He, who was on this pst, described the eight allegedly corrupt CJIs as "absolutely corrupt." One of the Chief Justices of India whose name was on this pst was Justice Adarsh Sein Anand. According to Prashant Bhushan, Justice Anand rendered a favourable rupng in the instance of an accused from whom he purchased a 2 Kanal parcel of property in Srinagar.

Furthermore, Prashant Bhushan claimed that Justice Anand had helped his wife and mother-in-law file a lawsuit in a civil court in Madhya Pradesh based on false allegations and had persuaded the revenue officials to obstruct the record of the proceedings and the state government to drop the Special Leave Petition he had filed against his wife.

Another claim was that Justice Anand had made a fraudulent affidavit declaring that he didn t possess any land or other immovable property in Jammu while purchasing a plot of land in Gandhinagar, Jammu, from the state government for a price far below market value.

The Committee on Judicial Accountabipty discovered and acquired evidence of several very significant instances of wrongdoing. This prompted the committee to draught an impeachment resolution for Justice Anand. However, the motion was defeated because not enough MPs signed.

FAQ

Q1. How many High Courts, justice Anand served, before elevated as a judge of Supreme Court?

Ans. Two.

Justice Anand served two High Courts, namely Jammu and Kashmir High Court and Madras High Court.

Q2. Who had appointed justice Anand as the Chief Justice of India?

Ans. Former President, K. R. Narayanan had appointed justice Anand as the Chief Justice of India.

Q3. What assignment had justice Anand taken after his retirement?

Ans. On 17 February 2003, justice Anand had been appointed as the Chairperson of the National Human Rights Commission and was succeeded by Justice Rajendra Babu on 2 April 2007.