I have lost a valued colleague, good friend: Chief Justice of India

New Delhi, April 25

Chief Justice of India NV Ramana condoled the passing away of Supreme Court judge Justice Mohan M Shantanagoudar, terming him a "valued colleague and a good friend".

"I was hoping for his speedy and complete recovery and his return to the Bench at the earliest. I have not only lost a valued colleague but a good friend," the newly appointed CJI said in a statement. Remembering his association with the late judge, the CJI said they shared a Bench for close to a year.

"I will dearly miss our conversations, his warmth, wit and humour. My heart goes out to his family and friends. May his soul rest in peace," the CJI said.

Justice Shantanagoudar was admitted to the Medanta Hospital with a lung infection and was in the ICU. His condition was stable till late Saturday evening but deteriorated later, sources said.

Justice Shantanagoudar was part of several notable verdicts, including a popular dissent in a land acquisition matter, during his over four-year stint at the Supreme Court. Hailing from Karnataka, he was also part of a nine-judge Constitution Bench which had on February 10 last year held that the five-judge Bench of the Supreme Court could refer questions of law to a larger Bench while exercising its limited power under review jurisdiction in the Sabarimala temple case.

On February 8, 2018, Justice Shantanagoudar, number nine in seniority, dissented from the majority view of justices (now retd) Arun Mishra and AK Goel, who held that the 2014 verdict of another three-judge Bench on the land acquisition matter was 'per incuriam' (passed without due regard to law).

Within months of his elevation to the top court in February 2017, Justice Shantanagoudar was part of a Bench headed by then CJI Dipak Misra which held that in a child custody matter, the remedy of writ of habeas corpus could not be used for mere enforcement of the directions given by a foreign court against a person.

In February, a Bench headed by Justice Shantanagoudar took note of consumer interest and directed the RBI to lay down comprehensive directions mandating the steps to be taken by banks for locker facility/safe deposit facility management. Justice Shantanagoudar was also part of a significant judgment passed last year which held that an accused had the right to 'default bail', even if the investigation was not completed on time and the prosecutor could not defeat his indefeasible right by subsequently filing a charge-sheet or an additional complaint. — PTI



from The Tribune https://ift.tt/3tVwFJK

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