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The Rediff Special/ Suhasini Haider

Doctor Justice

Unlike some of his predecessors, Chief Justice of India Dr Adarsh Sein Anand is not a man in a hurry.

Sworn in last week as the 29th Chief Justice of India, he is expected to hold a three-year tenure which should see him comfortably into the 21st century.

"Justice Anand," says a lawyer who argues before him in the Supreme Court, "is an extremely methodical man of scientific temperament. He researches his judgments very thoroughly." Little wonder that, since he is one of the few members of the legal profession to have received a doctorate. He is regarded as stickler for well-drafted pleadings and for accurate arguments.

"There is more research and a much higher level of discussion in his judgments," says Supreme Court Bar Association president R K Jain.

Justice Anand has made his mark in civil liberties. It is an issue he obviously feels strongly about, as he does about the duty of the courts in protecting and enforcing personal freedom.

In his judgment last year in D K Basu vs State of West Bengal, a case of police torture, he went further than just awarding the plaintiff compensation. He also framed a set of 11 directives to be followed by the police during arrests, including a requirement that a local legal aid organisation be informed of the arrest.

"Does a citizen," he wrote, "shed of his fundamental right to life the moment a policeman arrests him?... The answer indeed, has to be an emphatic 'no'... How do we check the abuse of police power? Transparency of action and accountability are two possible safeguards which this Court must insist upon."

Transparency in government is another of his favourite subjects.

In the three years ahead of him, there are many legal challenges ahead of him. Almost immediately, he has to hear Bahujan Samaj Party leader Mayawati's petition asking for the disqualification of the MLAs who voted for the Kalyan Singh government in Uttar Pradesh.

Also of importance is a minority rights case which is to come up before an 11-judge bench. Those close to Justice Anand feel he would like to constitute the bench as soon as possible.

One of his first tasks, Justice Anand said in an interview at his swearing in, was to ensure that the seven immediately vacant spots for judges in the Supreme Court are filled up.

Over the next three years he will probably have to scrutinise the appointments of practically the entire Supreme Court and approximately 250 appointments to high courts.

"He will be shaping the judiciary of the next millennium during his tenure," says Supreme Court lawyer Indira Jaising, "And will have the responsibility to ensure that they are people of integrity and intelligence."

A tall order, some may feel, in a system where political pressure is perceived to be used in every field.

But Dr Justice Anand is known for his ability to resolve decisions with harmony and without controversy, as in the stand-off between the government and then Chief Justice of India Madan Mohan Punchhi last month over the appointment of certain judges. Not only in matters between the executive and the judiciary, but also in actual court cases the Chief Justice is known to favour settlements and alternatives to dispute.

He has been the chairman of the National Legal Services Authority since 1997, and has been active in the establishment of Lok Adalats in all districts of India.

Most importantly, lawyers feel the government will not be able to disregard the judiciary if the incumbent Chief Justice has a long term in office.

Of course, this goes for lawyers too, a group of whom (led by current Housing and Urban Development Minister Ram Jethmalani) tried last year to have Justice Punchhi superceded by sending a petition against him to the President.

They were unsuccessful and their charges unproven, but the majority of the Supreme Court Bar Association, which voted to suspend this group, were horrified that anyone could have even gone so far in a move against no less than the Chief Justice of India.

Justice Anand is not one to tolerate any disrespect to his office. In a certain case he sent a police officer to prison for three months for disregarding the court's request. He also ordered the trial of former Punjab police chief K P S Gill in the infamous case of outraging an IAS officer's modesty.

The Rediff Specials

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