NEW DELHI/LUCKNOW/MUMBAI: It is not often that a judge overturns his father’s verdict twice, especially if the predecessor happens to be a former Chief Justice of India. But, the legal fraternity is not surprised with Justice DY Chandrachud, given his reputation of speaking his mind and of taking a progressive stand on issues of national import.
His dissenting opinions in some recent cases and his way of questioning lawyers have earned Justice Chandrachud the moniker of ‘A judge with dissent’.“He appears to be much under the influence of the western philosophy and the liberal thought prevailing in advanced countries. Probably his education in Harvard may have to do with his love for liberal thought,” said a senior journalist in Mumbai who
covered the Bombay High Court where Justice Chandrachud started his career as a judge
in 2000.The senior journalist said Justice Chandrachud does not confine himself to mere technicalities of the law but keeps the larger perspective in mind.
This facet was reflected in his judgment in the Bhima-Koregaon case on Friday, when Justice Chandrachud did not agree with the majority verdict of the three-judge bench headed by CJI Dipak Misra.“The institutional role of this court as a constitutional adjudicator should brook no technicalities which obstruct the cause of justice. When a group of citizens has moved this Court with an impassioned plea about the violation of human rights — in the present case no less than five distinguished citizens with a track record of service to the nation have done so — the court must look beyond locus into the heart of the matter,” he wrote in his dissenting judgment.
The 58-year-old apex court judge even disagreed with his father’s (late Chief Justice YV Chandrachud) view that the right to liberty could be suspended in exigencies such as the Emergency.“Justice Chandrachud has the ability to express his thoughts in a straightforward yet refined manner, which is what is making him different from others. The minority view today can become majority in the future,” Supreme Court lawyer K V Dhananjay said, adding that Justice Chandrachud is polite, humble and a patient listener.
Prior to his appointment in the Supreme Court, Justice Chandrachud was the Chief Justice at the Allahabad High Court.Advocates in Allahabad who worked with Justice Chandrachud vouched for his professional approach, humble nature and his scholarly knowledge of law. His orders used to be elaborate, inclusive and well-composed as a piece of legal document, leaving no room for queries and contradictions, they said.
“Justice Chandrachud is a law scholar with a modern outlook. He gave some landmark judgments as the Chief Justice. In fact, the then Akhilesh Yadav government found it difficult to function as it was restricted by Justice Chandrachud at every wrong step it took,” advocate Shashank Mishra of the Allahabad High Court said.
His polite and humble nature masks a toughness within, said Mishra. This lesser known aspect of Justice Chandrachud’s character came to the fore in 2014 in Lucknow, when judicial trainee officials were involved in a drunken brawl.
“Justice Chandrachud called a full court where he condemned their (trainee judges) conduct. He felt the trainee judges conducted themselves that was unbecoming of their position. He sacked then for failing to uphold the dignity of the public office they were holding,” Mishra said.
Justice Chandrachud has also not shied away from clashing with the executive if he felt that there was something amiss. “In 2015, there was a row over the appointment of the Lokayukta as Justice Chandrachud stood firm in the way of the appointment of Justice (retd) Ravindra Singh, who was recommended by the then Chief Minister Akhilesh Yadav,” Mishra said.Justice Chandrachud rejected the appointment because of the retired judge’s links with the first family of the Samajwadi Party.
The same year, the judge was at variance again with the Akhilesh Government, this time over the appointment of Anil Kumar Yadav as the Chairman of UP Public Service Commission. A division bench headed by Justice Chandrachud quashed the appointment of Yadav, a murder accused.
“It was a rude jolt to the then Akhilesh Yadav-led government,” said Rajesh Pandey, the then standing counsel and practising advocate.Justice Chandrachud is in line to become the Chief Justice of India in 2022. If he assumes the highest judicial post, it will be the first time that a father and a son have that privilege.