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Vijaya Tahilramani

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Hon'ble Mrs. Justice
Vijaya Tahilramani
Chief Justice of Madras High Court
In office
4 August 2018 – 6 September 2019
Nominated byDipak Misra
Appointed byRam Nath Kovind
Preceded byIndira Banerjee
Succeeded byVineet Kothari (acting)
Acting Chief Justice of Bombay High Court
In office
5 December 2017 – 3 August 2018
Nominated byDipak Misra
Appointed byRam Nath Kovind
Personal details
Born (1958-10-03) 3 October 1958 (age 66)
Bombay, Bombay State, India

Vijaya Kamlesh Tahilramani (born 3 October 1958) is a former Indian judge and prosecutor, who last served as the Chief Justice of the Madras High Court. Previously, as a judge of the Bombay High Court, she notably upheld the conviction of several persons for the rape of a pregnant Muslim woman during the 2002 Gujarat riots, chastising investigative authorities for their inaction in the matter, and also refused parole for those convicted in the 1993 Bombay bombings. She retired in 2019, after refusing to accept a controversial transfer from the Madras High Court to the Meghalaya High Court.

Career

Judicial appointments and judgments

Tahilramani joined the Bar in 1982, enrolling with the Bar Council of Maharashtra and Goa.[1] She practiced law in the Mumbai City Civil, Sessions, and High Court, working on criminal and civil matters, and also taught criminal law at K.C. Law College in Mumbai between 1987 and 1993.[1] In 1990, she was appointed a government pleader and public prosecutor, initially serving in sessions courts and later in the Bombay High Court.[1]

On 26 June 2001, Tahilramani was appointed a judge of the Bombay High Court, and in 2015, she briefly served as the acting Chief Justice of the Bombay High Court after Justice Mohit Shah retired.[2] On 5 December 2017, she became acting Chief Justice for the Bombay High Court once again, succeeding Justice Manjula Chellur.[3][4] During her tenure at the Bombay High Court, Tahilramani notably rejected appeals and affirmed the conviction of persons accused in the 2002 Bilkis Bano case, in which a 19 year old pregnant Muslim woman was gang-raped during the 2002 Gujarat riots.[5] While granting compensation to the victim, Tahilramani's judgment also noted significant lapses by the police and investigative authorities in recording and investigating the crime.[5] In 2018, Tahilramani also declined a request from Devendra Fadnavis, a member of the Bharatiya Janata Party and then the Chief Minister of Maharashtra, to head an inquiry into the 2018 Bhima Koregaon incident, on the grounds that as a sitting judge of the High Court, it would be inappropriate for her to accept the government appointment.[6] She also refused to grant parole to persons convicted in the 1993 Bombay bombings.[7]

On 12 August 2018, Tahilramani was appointed the Chief Justice of the Madras High Court, succeeding Justice Indira Banerjee.[8][1][9] At the Madras High Court, Tahilramani introduced several administrative changes, including the rule that cases concerning contempt of court would be heard only by the judges assigned to hear contempt matters. Notably one such case in which she instructed contempt proceedings to continue was against H. Raja, national secretary of the Bharatiya Janata Party, who had made several allegations against judges of the court after he was denied permission to create a structure for religious worship in a public place.[10]

Transfer, protests, and resignation

On 28 August 2019, Tahilramani was transferred from the Madras High Court to the Meghalaya High Court by the Supreme Court of India. On 3 September 2019, she requested the collegium to reconsider their decision, but was ordered to undertake the transfer on 6 September 2019. The Supreme Court publicly refused to assign any reasons for the transfer, stating that it was to secure the "better administration of justice."[11][12] Tahilramani's objections to the transfer occurred at a time when several other High Court judges had also made similar objections to transfers, which were also rejected and became the subject of public protests.[12][13][14] Tahilramani, who was due to retire in October 2020, consequently submitted her resignation, declining the transfer.[15] At the time of her resignation, she was only one of two female chief justices in constitutional courts in India.[16] Tahilramani's transfer was met with widespread protests, and the Madras High Court Advocates' Association announced that they would be boycotting court proceedings for one day to object.[17] The president of the association stated that Tahilramani had been "unfairly demoted," describing the unexplained transfer from the larger, established Madras High Court, consisting of 75 judges, to the newer and smaller 3-judge Meghalaya High Court as "undemocratic" [17][18][19] Following her retirement, the chairman of the Madras Bar Association, A.R.L. Sundaresan, described the transfer as "shocking," stating that during her tenure as Chief Justice, Tahilramani had significantly improved the hearing and disposal of pending cases, especially pending criminal appeals.[20] Other bar associations, including the Madurai Bench of Madras High Court Bar Association convened special meetings to pass resolutions condemning the transfer.[21]

Along with protests from bar associations, the transfer was criticized by a number of public figures. The Hindu carried an editorial in which they stated that it revealed systemic flaws in judicial administration, especially with the Indian Supreme Court's collegium system.[22] The All India Democratic Women’s Association described the transfer as "vindictive".[23] Dravidar Kazhagam president K. Veeramani stated that Tahilramani's resignation demonstrated "self-respect," calling for a re-evaluation of judicial administration to increase transparency in transfers.[24] Former Supreme Court judge Madan Lokur wrote that the transfer was " ex facie suggestive of humiliation" and praised her decision to resign instead.[25]

In September 2019, the Madras High Court refused to hear a public interest petition filed by an advocate, which called upon the court to refrain from implementing the order transferring Tahilramani, holding petitioner did not have locus standi to challenge the decision.[26]

Following her retirement, Tahilramani declined to accept any post-judicial appointments, or discuss the transfer with the media.[20][27]

Allegations of corruption

Although the Supreme Court of India had refused to publicly disclose reasons for Tahilramani's transfer, in September 2019, the Indian Express published certain allegations which they reported were the substance of the Supreme Court's reasons for the decision. According to the Indian Express, unnamed sources had indicated that there were three reasons for Tahilramani's transfer.[28] According to the Indian Express, the Supreme Court had concerns that Tahilramani was allegedly not working for sufficient hours, was allegedly close to local politicians, had allegedly purchased property in Chennai, and further, had dissolved a bench which was refusing to allow the Central Bureau of Investigation to investigate cases concerning the theft of idols in temples in favour of allowing a retired police official to do so.[28] On 25 September 2019, sitting Supreme Court Justice D.Y. Chandrachud, speaking at a public event, stated that transferring judges was not a solution for complaints against them, calling for reforms in judicial transfers.[29]

On 30 September 2019, after Tahilramani's resignation, the Intelligence Bureau submitted a report based on which the then-Supreme Court Chief Justice Ranjan Gogoi (now a Member of Parliament by government nomination) directed an investigation into Tahilramani for allegations of corruption relating to the purchase of properties and the dissolution of the bench hearing cases concerning idol thefts.[30][31] In November 2019, media reports indicated that there were ongoing campaigns to raise funds to "reconstitute" this special bench that Tahilramani had dissolved, which resulted in a special investigation by the Madras High Court, as the constitution of benches is the prerogative of the court and cannot be compelled for financial reasons. A public interest petition seeking an investigation into these calls for the reconstitution of the special bench is ongoing.[32]

In a memoir published after his retirement, Justice Gogoi, explained that he took the decision to transfer Tahilramani to a court "where there was less work" after he felt there were credible allegations concerning irregularities, against her.[33]

Since 2019, there have been no reports on the outcome of the Central Bureau of Investigation's investigation of Tahilramani. CBI has concluded that in the reference made by registrar general of Supreme Court of India, no offence was found against Tahilramani and hence no case was registered.

Personal life

Tahilramani is of Sindhi heritage.[34]

References

  1. ^ a b c d "New Justice Vijaya Kamlesh Tahilramani of Madras HC to be sworn in on Sunday". The New Indian Express. Retrieved 4 April 2022.
  2. ^ "Justice Tahilramani to officiate as Bombay HC Chief Justice". Business Standard India. Press Trust of India. 8 September 2015. Retrieved 4 April 2022.
  3. ^ "Justice VK Tahilramani Appointed As Chief Justice Of Madras High Court". Live Law. Retrieved 6 August 2018.
  4. ^ Dhananjay Mahapatra (30 September 2019). "Ranjan Gogoi: CJI asks CBI to take action on misconduct charges against Justice VK Tahilramani | India News - Times of India". The Times of India. Retrieved 16 March 2022.
  5. ^ a b Saigal, Sonam (4 May 2017). "2002 gang rape case: Bombay High Court upholds life term for 11 convicts". The Hindu. ISSN 0971-751X. Retrieved 4 April 2022.
  6. ^ "Bhima Koregaon violence: Bombay HC turns down state request to appoint sitting judge for probe". The Indian Express. 10 February 2018. Retrieved 4 April 2022.
  7. ^ "Bombay High Court: No parole for 1993 blasts convict". The Indian Express. 27 December 2017. Retrieved 4 April 2022.
  8. ^ Nalini Sharma (8 December 2021). "Ranjan Gogoi reveals reasons behind controversial Collegium decisions during his tenure as CJI". India Today. Retrieved 3 April 2022.
  9. ^ Subramani, A (20 July 2018). "Justice Vijaya Kamlesh Tahilramani to be chief justice of Madras high court". The Times of India. Retrieved 5 August 2018.
  10. ^ Correspondent, Legal (29 September 2018). "Contempt case against Raja before Bench that initiated it". The Hindu. ISSN 0971-751X. Retrieved 4 April 2022. {{cite news}}: |last= has generic name (help)
  11. ^ A. Subramani (12 September 2019). "Row over transfer of Madras high court Chief Justice Tahilramani: SC collegium issues veiled warning | India News - Times of India". The Times of India. Retrieved 4 April 2022.
  12. ^ a b Correspondent, Legal (4 September 2019). "Supreme Court Collegium rejects Madras High Court Chief Justice V.K. Tahilramani's request against transfer". The Hindu. ISSN 0971-751X. Retrieved 4 April 2022. {{cite news}}: |last= has generic name (help)
  13. ^ Rajagopal, Krishnadas (23 September 2019). "'Interference' in judicial selections, transfers does not augur well for the institution: Supreme Court". The Hindu. ISSN 0971-751X. Retrieved 4 April 2022.
  14. ^ "On Madras High Court CJ's decision to quit, jurists' opinion divided, lawyers plan protest". The Indian Express. 8 September 2019. Retrieved 4 April 2022.
  15. ^ "Madras HC Chief Justice Tahilramani resigns after Collegium transfer order". The Indian Express. 7 September 2019. Retrieved 4 April 2022.
  16. ^ VENKATESAN, V. "Questionable transfer of Justice Tahilramani". Frontline. Retrieved 4 April 2022.
  17. ^ a b "Madras HC lawyers declare one day boycott over Justice Tahilramani's transfer". The News Minute. 8 September 2019. Retrieved 4 April 2022.
  18. ^ PTI. "Local Bar Associations To Abstain From Work Supporting Madras High Court Chief Justice". BloombergQuint. Retrieved 4 April 2022.
  19. ^ "Madras HC Lawyers to Strike on Tuesday to Protest Justice Tahilramani's Transfer". The Wire. Retrieved 4 April 2022.
  20. ^ a b Correspondent, Legal (28 September 2019). "HC lawyers hail Tahilramani as a 'warrior Chief Justice'". The Hindu. ISSN 0971-751X. Retrieved 4 April 2022. {{cite news}}: |last= has generic name (help)
  21. ^ Correspondent, Legal (8 September 2019). "Madras High Court lawyers rally behind Chief Justice". The Hindu. ISSN 0971-751X. Retrieved 4 April 2022. {{cite news}}: |last= has generic name (help)
  22. ^ "A controversial transfer: On Tahilramani's transfer". The Hindu. 10 September 2019. ISSN 0971-751X. Retrieved 4 April 2022.
  23. ^ Rajasekaran, Ilangovan. "Lawyers in TN protest against 'arbitrary' transfer of Justice Tahilramani". Frontline. Retrieved 4 April 2022.
  24. ^ Staff Reporter (9 September 2019). "DK praises Justice Tahilramani". The Hindu. ISSN 0971-751X. Retrieved 4 April 2022.
  25. ^ "View: Collegium is accustomed to controversies, but its recommendations are now under attack". The Economic Times. Retrieved 4 April 2022.
  26. ^ Correspondent, Legal (26 September 2019). "Only judge concerned can challenge a transfer order: HC". The Hindu. ISSN 0971-751X. Retrieved 4 April 2022. {{cite news}}: |last= has generic name (help)
  27. ^ S, Mohamed Imranullah (10 September 2019). "Don't wish to discuss my transfer or resignation, says Tahilramani". The Hindu. ISSN 0971-751X. Retrieved 4 April 2022.
  28. ^ a b "Justice Tahilramani transfer: For Collegium, 'her short working hours' was key reason". The Indian Express. 22 September 2019. Retrieved 4 April 2022.
  29. ^ "Transfer of judges no solution for complaints against them: Justice DY Chandrachud". The Indian Express. 25 September 2019. Retrieved 4 April 2022.
  30. ^ Dhananjay Mahapatra (30 September 2019). "Ranjan Gogoi: CJI asks CBI to take action on misconduct charges against Justice VK Tahilramani | India News - Times of India". The Times of India. Retrieved 4 April 2022.
  31. ^ "CBI gets nod from CJI Ranjan Gogoi to take action against Justice Tahilramani". The Hindu. PTI. 30 September 2019. ISSN 0971-751X. Retrieved 4 April 2022.{{cite news}}: CS1 maint: others (link)
  32. ^ S, Mohamed Imranullah (12 November 2019). "PIL filed for probe into trust-solicited donations to restore idol theft special HC bench". The Hindu. ISSN 0971-751X. Retrieved 4 April 2022.
  33. ^ Nalini Sharma (8 December 2021). "Ranjan Gogoi reveals reasons behind controversial Collegium decisions during his tenure as CJI". India Today. Retrieved 4 April 2022.
  34. ^ Palijo, Waseem (8 January 2019). "Most billionaires in India today once resided in Pakistan's Sindh". Daily Times. Archived from the original on 7 May 2020. Retrieved 7 May 2020.
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