By Pramod Kumar, IANS,
New Delhi : Chief Justice of India Sarosh Homi Kapadia who lays down office Saturday has been unflinching in his support for investments, but at the same time he never lost sight of affirmative action to help the deprived and discriminated sections of society.
Chief Justice Kapadia, who took over as CJI in May 2010, lays down office two days after holding that auction could not be the only way of allocating natural resources – an opinion which came as a breather for the UPA government reeling under allegations of wrongdoing in allocation of coal blocks and 2G spectrum.
An upright person, Chief Justice Kapadia saw a link between the flow of capital and creation of jobs. In his last “song” at Vigyan Bhawan last week, he had said that a growth rate of eight percent generates 10 million jobs while a fall in growth rate proportionately reduces the job market.
In the Right to Education verdict he refused to accept the contention that unaided private schools could not be compelled to earmark 25 percent admissions for students coming from weaker sections of society and held that it was not reservation but an affirmative step.
The investment friendly Chief Justice left none in doubt that he was not on the same page with the Comptroller and Auditor General of India on the latter’s calculation of losses in 2G and coal block allocation report when he said “loss is fact, profit is a matter of opinion”.
Eyebrows were raised when the court headed by Chief Justice Kapadia turned town the Bombay High Court order upholding the tax demand of $2.2 billion on Vodafone for its acquisition of Hutchison holdings. It was perceived as a corporate friendly verdict which did not gel with the predominantly socialistic mindset of people.
A major boost judgment for foreign investors was the apex court holding that the arbitration that had taken place on foreign soil could not be challenged in Indian courts.
A kind of a preacher of probity and integrity in public life, the court headed by him set aside the appointment of P.J. Thomas as Central Vigilance Commissioner (CVC) holding that all the material about him, including trial court proceedings in the palm oil case, was not placed before the appointment committee headed by the prime minister.
Chief Justice Kapadia assumed office in the midst of many controversies staring at the credibility of the judicial institution — be it cash at door steps involving a judge of the Punjab and Haryana High Court, aborted impeachment of Justice S. Sen and that of Justice P.D. Dinakaran.
While trying to sweep away the judicial dirt, which he partially succeeded in, Kapadia declared that the motto is that “Man in Black Robes should be Clean”.
Though initially an impression was generated that he was out to rein in the media on its reporting of court proceedings by drawing a Lakshman Rekha but he ended up holding that no across-the-board guidelines could be laid to regulate media reporting of court proceedings.
However, he allowed litigants to secure from the higher courts orders to temporarily restrain media from reporting court proceedings in specific cases.
A workaholic, Chief Justice Kapadia worked even during court vacations, when CJIs normally don’t come. He did a lot for creation of additional space to maintain files of the court records. He also helped bring to light the pathetic condition of court staff working in the musty basement, some of who were found to be suffering from tuberculosis. The chief justice created better working conditions and gave the staff extra money.
But Chief Justice Kapadia is a man who has never cared to promote himself, or indulge in any PR.
He came with a lot of baggage. He tried to address them and the result is a mixed baggage that he leaves behind. He initiated steps which have yet to bear fruits.
Chief Justice Kapadia is leaving behind much of it for his successor Justice Altamas Kabir – be it the backlog of cases or making appointment of judges in high courts.
Chief Justice Kapadia and Chief Justice-designate Justice Altamas Kabir are two contrasts. If Chief Justice Kapadia can dispose of 30 cases in as many minutes, Justice Kabir may sit beyond court hours to hear them.
Justice Kabir’s verdict restored the membership of four Karnataka assembly MLAs who were disqualified in the wake of the numbers game to save the then chief minister B.S. Yeddyurappa’s government.
He is seized of the hearing of a petition by the Italian government and its two marines involved in the killing of two Indian fishermen. He assumes office of Chief Justice Saturday at 11.00 a.m. after he is sworn in by President Pranab Mukherjee.
(Pramod Kumar can be contacted at [email protected])