Justice Arun Mishra : Know your Judges.

JUSTICE ARUN MISHRA

Author: Deepali  Jain, VIPS

INTRODUCTION

The Supreme Court Of India is the apex court for the judicial seekers. This final forum is the highest constitutional court under the constitution of India. This consists of the chief justice of India and 30 judges.

The wise man forming his own sphere in the formulating the ideas about various judicial reviews. His potential and administrative outlook had combat the quagmire of backlogging of the cases and suits in front of the judicial reviewers and moreover has led to shaping up the procedure of the court, by putting at rest all the critics

He always stands out and one of the reasons behind the same is the way he responded when his reputation was tarnished by the four senior-most judges in a press conference.

He quoted as following

“The only thing I have earned in my life is reputation and you have tried to attack it… How do you propose to give it back to me? You should have killed me with a bullet rather than attacking my reputation.”

His emotional outburst led to him saying that he is working unprecedently for 16 hours a day. He also mentioned that he held various petitions e.g.- medical admission scam, IPS Sanjeev seeking to reopen gohrat case.etc

EARLY LIFE

Sir was born on 3^rd September 1955. He obtaineda degree in science and also did the mastery in the same. His late father Mr. hargovind was justice of Madhya Pradesh. After completing his law he practiced in civil, criminal, industry courts. He was a member of jiwaji university, Gwalior.

MEMBERSHIP

1. Member and vice president of state bar council of M.P
2. Academic council of government M.L.B arts and commerce autonomous college, Gwalior
3. Chairman of Advocates Welfare Committee of Bar Council of India
4. Chairman of General council of National Law School of India University at Bangalore
5. Various committee of bar council of India- legal education, rule making, welfare, disciplinary and trustee of Employees’ provident fund

ACHIEVMENTS AND CONTRIBUITONS

• Respected justice has taken various steps to up stain functioning of Rajasthan high court. He inaugurated the very first museum and also published the very first newsletter.
• Drafted foreign law degree recognition rules of 1997, Bar Council Employees’ service rule 1996, M.P advocates welfare scheme, 1995 providing benefit up to 5 lakhs, foreign lawyers condition of practice rules in India. Also the amendment to other welfare schemes of advocates

THE WHEEL CHAIR BOUND SENIOR CITIZEN CASE – EYE WITNESS

In the case of petitioner Prem Kumar (diary no. 30649/2017), the whole courtroom had taken a back at that after. This is because justice Arun Kumar asked a litigant who was wheelchair ridden to get up and walk to the podium; with great agony and humiliation, he somehow managed to walk to the podium with the help of his son. Justice Mishra felt the litigant’s misery and issued a notice to send him back immediately. This was the moment of hour wherein all the courtroom became disabled friendly. Also, the need for the cameras in court for live streaming and video conferencing were felt.

MEDICAL ADMISSIONS CASE

MEDICAL COUNCIL OF INDIA

VS

N.C. MEDICAL COLLEGE AND HOSPITAL & ORS.

The suit was the appeal against the judgment of high court, which was brought under the preview of Justice Mishra. It was in the sight of recognition of 15% quota to the transfer to engineer and medical colleges. Justice Mishra found the judge of Allahabad at the wrongdoing.

Approximately 150 students were admitted in the medical college in the academic year of 2018-2019, which was against the government norms.  Where the verifications and inspections done by the MCI, inspectors suggested to debar the college to admit students for two academic year i.e. 2017-2018 and 2018-2019. The government of India accepted the same. The deficiency was found on the side of faculty. The government also permitted MCI to encash the bank guarantee of Rs. 2 cores.  Later the respondent replied thatvarious deficiencies have been removed, but after the fresh inspection the following deficiencies were found:

1. Deficiency of faculty was 9%.
2. Shortage of residents is 28.57% as detailed in the report.
3. On random verification.14 residents were found to be not staying in the Residents’ hostel.
4. List of faculty & residents joined or promoted after last assessment was not produced.
5. OPD data was given by the institute are inflated when correlated with the investigations being carried out.
6. Bed occupancy at 10am on the day of assessment as 50%.
7. Patients: 32 patients were not considered in the departments of surgery, medicine, psychiatry, TBCD, orthopedics, general medicine.
8. In female psychiatry ward patient, Santro was admitted with mild depression.

The high court gave the interim order and stated that the college can renew the admission process after the proper examination by MCI. The interim order was dismissed. Thus a bench consisting of Arun Mishra imposed a fine of 25 lakhs for the corruption charges in obtaining a favorable order for the lucknow-based college. The petition was for the allegations of bribery and later the accused were punished effectively and efficiently.

JUSTICE MISHRA AND BJP

CJI Deepak Mishra assigned Justice A.K.Mishra for the mysterious death case of justice B.H Loya, who was hearing the Sohrabuddin Sheikh encounter case also had close relations with BJP and top Politian. Other judges alleged respected sir that as he was the supporter of BJP and the accused in the case was BJP politician, so he will under perform the role of justice and would be biased. His judgment was pre supposed and his agony was not felt.

In judicial circles, Mishra is considered a “dead honest judge”. A worshipper of Goddess Durga, he is deeply religious. “He observes the nine-day fast during Navratri and spends some time at the Pitambara Peeth temple in Datia, 70km from Gwalior, every year,” said a senior lawyer.

He was handed over with various cases and provided with justice effectively and efficiently. Mr Mishra comes from the family of judicial officers thus he would keep up the legacy.

CONCLUSION

The high headed man working for the law of country since decade; practised law for nearly 21 years in Jabalpur. The youngest member of Bar Council and the career took a roller coaster ride when he was made Chief Justice of Rajasthan in 2010. He combats the entire problem coming in away like a wise man. His adjudication and summing of the suit is appreciable.

Left no stone unturned and rising with flying color through all the critics.