A new Chief Justice

Justice A.S. Anand's appointment as the Chief Justice of India has raised expectations of a toning up of the country's judiciary.

V. VENKATESAN

THE principle of seniority in the appointment of the Chief Justice of India, though a wholesome principle, has often meant the elevation to the office of the seniormost Judge of the Supreme Court, who would most probably be on the verge of retirement. One Chief Justice held office for just 18 days. The present Chief Justice, Justice M.M. Punchhi, will retire on October 10, after holding office for less than nine months.

The appointment of Justice Adarsh Sein Anand to succeed Punchhi is however an exception to the trend. Justice Anand, who was appointed to the post by President K.R. Narayanan on September 13, will retire on November 1, 2001, after a tenure of three years, the longest since the tenure of Justice Y.V. Chandrachud, who was the CJI for seven years.

Legal circles expect that Justice Anand's tenure would witness the toning up of the judicial administration throughout the country and also some suitable appointments to the higher judiciary. While there was an unsavoury prelude to the appointment of Justice Punchhi, against whom allegations of misconduct were made by some senior advocates, the legal community has unanimously welcomed Justice Anand's promotion.

A senior advocate of the Supreme Court, who did not wish to be identified, said that the judicial and personal qualities of Justice Anand made him the closest approximation to the ideal judge. "He is quick, without being imprudent, and learned without being pedantic; he is a no-nonsense judge who can 'smell' injustice. With a meticulous eye for detail, he can get to the root of any problem, free from ideological bias of any kind," he remarked.

Described as an able administrator, a practical person and a man of the world, Justice Anand is widely considered to be the one who will know how to strengthen the judiciary. He is known to be very courteous to the Bar and is admired by his colleagues for his extraordinary capabilities. "He can read about 750 pages overnight and will remember each page; he does not leave anything in his anxiety to do justice. It is a gift," said another advocate.

SANDEEP SAXENA
Justice A.S. Anand.

BORN on November 1, 1936, Anand graduated from Jammu and Kashmir University in 1958 and studied law in Lucknow University. He took his Ph.D in Law (Constitutional Law of the Commonwealth) from London University in 1963. He joined the Inns of Court and was called to the Bar from the Honourable Society of Inner Temple, London, in 1964. He practised in the Punjab and Haryana High Court in Chandigarh before being appointed an Additional Judge of the Jammu and Kashmir High Court in May 1975 at the age of 38. Justice Anand was confirmed as a permanent Judge of the court in February 1976. He became the Chief Justice of the High Court in 1985 after serving as Acting Chief Justice for nearly a year.

Justice Anand was unanimously elected President of the International Institute of Human Rights Society in 1996. In 1997, he became the first Indian to be awarded the Fellowship of the University College, London, his alma mater. Justice Anand was nominated as the Executive Chairman of the National Legal Services Authority (India), a statutory body, with effect from July 1997 in recognition of his contribution to legal aid for the poor. He was also unanimously elected Honorary Bencher of the Inner Temple this year. He is the author of the book The Constitution of Jammu and Kashmir - Its Development and Comments.

Justice Anand is acclaimed for his judicial contributions during his tenure as Chief Justice of the Madras High Court, from November 1989 to November 1991, before he was appointed Judge of the Supreme Court. He was instrumental in obtaining funds from the executive to strengthen the subordinate judiciary.

JUSTICE Anand's elevation as the CJI has raised expectations within the legal community of measures to ensure speedy justice. It is expected that speedy disposal of cases by the subordinate judiciary and provision of legal aid to accused persons who are unable to engage lawyers would be his priorities. Justice Anand is reported to be in favour of giving an impetus to the criminal justice system and releasing undertrials who have already suffered the maximum sentence that their alleged offences would attract.

At least three landmark judgments given by Justice Anand as the Judge of the Supreme Court have revealed his commitment to human rights and justice. In the Nilabati Bhera case (1993), which he heard jointly with Justice J.S. Verma, his separate judgment on the right of compensation in the cases of custodial deaths is hailed as a significant contribution to the protection of human rights. Justice Anand held that public bodies and officials are expected to perform public duties properly and refrain from unlawful actions that are likely to violate individual rights under Article 21 of the Constitution.

In the D.K. Basu case (1996), he laid down important safeguards against custodial torture. These safeguards are considered valuable in protecting the rights of prisoners.

Justice Anand's commitment to judicial discipline is also highlighted in his judgment in the V.C. Mishra case. The Supreme Court first sentenced the Chairman of the Bar Council of India, V.C. Mishra, for contempt of court and suspended him from practising. Later, a Bench headed by Justice Anand ruled that the Supreme Court did not have the power to debar any advocate from practising even if it held him guilty of contempt.

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