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SAROSH HOMI KAPADIA-Chief Justice of India

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ambes

Active member
The Office Boy who became The Chief Justice of India

CJI Sarosh Homi Kapadia

Quote: I come from a poor family.I started my career as a class IV employee.I possess no
Wealth. The only asset I possess is intergrity.


At a time when the Indian judicial system is mired in controversey, thanks to the likes of K.G.balakrishnan & P.D.dinakaran, here comes a man with the courage & the intergrity to say all is not well with the system.

Indias 38th Chief Justice S.H.Kapadia began his life as an office assistant who ran errands at a law firm. but deep down, he wanted to study Law and be a Judge.

Homi Kapadia hailed from a lower middle class Parsi family. His father was a clerk & his mother a Homemaker. Quality education was aluxury. Which is why, in 1960 he took up a humble job at the law offices of Beharamjee Jeejeebhoy.

His Colleagues hadn't imagined in their widest dreams that he would go on to become Judge leave alone The Chief Justice of India.

A co-worker from his early years told," He was a young boy when he joined us to help sr.Advocates carry their heany case briefs.His self-conscious demeanour would force me to wonder at times what he was doing.

The young Sarosh first sought to help his Father & finance his younger Brother's Education before embarking on his journey to become a Lawyer.

At 27, in 1974 he became counsel for the income tax dept. He was appointed Addl. Judge of the Bombay High court in 1991 & made a permanent judge in 1933. He decided matters relating to the envirnment,Banking & Taxation. He also presided High profile Ketan parek stock scandal case in 1999,& played an important role in the proceedings of the JPC constituted to investigate the scam.

In aug 2003 he became the CJ of Uttaranchal High court & on Dec 2003 was elevated to Supreme court.

Here Kapadia delivered some Landmark judgements. In one he ruled against DNA testing in property related dispute case. He was also part of 3 member bench that heard IT case of
Lalu prasad Yadav. The case went in Lalus favour.

On 12 July May 2010 he was sworn in as the CJI of India by the President Mrs.Patil.

Soon after his appointment,Kapadia wrote to Justice VR krishna Iyer, replying to his congratulatory letter,' I come from a poor family.I started my career as a class IV employee & the only asset I possess is intergrity. Even as a judge of the Supreme Court, I have used my Knowledge of accounts & economics for the welfare of the downtrodden,including tribals & workmen. I hope to fulfil my obligations to the constitution in the matter of achieving the Goal of inclusive growth"

His actions after he took over clearly show that he is here to set th judicial house in order.

Kapadia warned against frivolous PIL(public interest Litigation."huge costs will be imposed aginst those filing frivolous PILs,"kapadia said, during a hearing. Citizens hope Kapadia will deal with them very firmly.

REVIVING JUDICIAL ACTIVISM

KAPADIA Was instrumental in asserting the supremacy of the apex court by exposing the irregularities in the telecom sector.He ordered a through probe in the 2G spectrum scam & told CBI in clear terms to investigate the process of granting licences which caused the country huge lossess.

In fact the supreme court questioned PM Manmohanji's inaction & silence on the 2G spectrum scam & asked the centre to file an affidavit on the PM's silence on Subramania swamy's petition seeking action against Raja.

Kapadia is ajudge who is unafraid of the politically powerful. In the latest case he has unseated CVC commr. P.J.thomas,& rattled the power elites of the Nation. In 2010, a bench headed by him had questioned the appointment of Thomas as CVC when he faced charges of corruption .

When it comes to PIL with merit he has been sympathetic. In another landmark ruling,the SC said mentally challenged rape victims could have babies.

When it comes to human rights, The SC under mr.kapadia has held that narco-analysis,brain mapping & polygraph tests on suspects can only be done if the suspect agrees to undergo such tests.

In another case The SC ruled that a Governor of a state could not be removed if he does not agree with the polices or ideologies of the Union Govt or with the party in power at the centre.
It also ruled that the state Govt. could not ask for removal of the governor on the grounds that it has lost confidence in him.

The rigorous intent with which the Apex court has pursued a wide range of cases has given a new hope to ordinary citizens. Kapadias efforts could repair the Damage that our judicial system has suffered during the tenure of Balakrishnan.
 

kunjuppu

Well-known member
ambes,

not sure if it is your own article or copied from elsewhere. either way, it gives a positive spiel for kapadia. thank you.

i am not sure if you noticed that he has said, 'I hope to fulfil my obligations to the constitution in the matter of achieving the Goal of inclusive growth'. judging from this, i would say, he is for reservations in education and jobs. not sure if you agree with this.

it is to be noted, that judicial activism has to be viewed carefully. the intent of the court, is to interpret the written laws passed by the parliament. on occassions, when doubts rise, the court can go further, and pass judgement based on the intent of the law, which means, the court is interpreting the law in a way that could be out of ordinary understanding.

the last time, when this behaviour of the court was frowned was during indira gandhi time. when she packed the court with justices who had views similar to hers. v.r. krishna iyer came to the court during her time, though he has proved himself to be a sympathetic jurist, as opposed to a 'fellow traveller' that he was expected to be.
 

sangom

Well-known member
ambes,

not sure if it is your own article or copied from elsewhere. either way, it gives a positive spiel for kapadia. thank you.

i am not sure if you noticed that he has said, 'I hope to fulfil my obligations to the constitution in the matter of achieving the Goal of inclusive growth'. judging from this, i would say, he is for reservations in education and jobs. not sure if you agree with this.

it is to be noted, that judicial activism has to be viewed carefully. the intent of the court, is to interpret the written laws passed by the parliament. on occassions, when doubts rise, the court can go further, and pass judgement based on the intent of the law, which means, the court is interpreting the law in a way that could be out of ordinary understanding.

the last time, when this behaviour of the court was frowned was during indira gandhi time. when she packed the court with justices who had views similar to hers. v.r. krishna iyer came to the court during her time, though he has proved himself to be a sympathetic jurist, as opposed to a 'fellow traveller' that he was expected to be.


Honest judicial activism without corruption is anyday better than corrupt judiciary.
 
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