Justice Aziz Mushabeer Ahmadi : Know your Judges.

AZIZ MUSHABBER AHMADI (A.M AHMADI).

Auhtor: Mr. Siddhant Radhu

Justice Aziz Mushabber Ahmadi was born on March 25, 1932, in Surat, in the Surat district of Gujarat. He was the son of Mushabber Imranali Ahmadi, who was a judge. After serving as a judge in the High Court of Gujarat, Ahmadi was appointed the judge of the Supreme Court in 1988. He was then elevated to the post of Chief Justice and served from 1994 to 1997.

 

EARLY LIFE

He enrolled as a district attorney in the Bombay High Court on June 15, 1954, and began his legal practice in Ahmedabad, in the district, and in the city’s civil and session court. In 1960-61, he served as the law officer of the district court pleader’s office, Ahmedabad. Shortly after the creation of the High Court of Gujarat, he enlisted as an advocate on February 21, 1962.

 

JUDICIAL CAREER

In 1964, he was invited to join the Gujarat judicial service and at the age of thirty-two, he became the judge of the City Civil court and Session Court in Ahmedabad on March 30, 1964.

Subsequently, he was appointed Secretary of Legal Affairs of the State of Gujarat in 1974, and for the remarkable services rendered during this period, he was appointed Judge of the High Court of Gujarat in 1976.

During this period, Ahmadi worked as chairman of several advisory boards.

As Judge of the Gujarat High Court, Ahmadi has worked as Chairman of several advisory boards for:

  • Prevention of Black Marketing
  • Maintenance of Supplies of Essential Commodities
  • Conservation of Foreign Exchange and Prevention of Smuggling Activities.

In 1988 he was designated as a Judge of the Supreme Court of India and after six years, Ahmadi was appointed as Chief Justice of India in the year 1994, so he became the third Muslim judge to serve as Chief Justice of India.

 

CRITICISM

Muslim Rights

Using his status, Ahmadi continues to speak for the rights of Muslims in India, being a Muslim. Today he remains active in Indian politics as an advocate for minority rights, most recently through a book entitled A Guide To Uplift Minorities by the city-based Human Welfare Trust.

By emphasizing education, Ahmadi has often mentioned that India’s vast Muslim population is fighting for children to go to school. He persuades Central and State Governments to solve this problem, stating that, “the country simply cannot afford to have a certain percentage of the population unable to contribute to the country’s development”

 

Minority Judgement

Justice A. M. Ahmadi gave the dissenting opinion in M. Ismail Faruqui v. Union of India, AIR 1995 SC 605 the Apex Court considered the question of acquisition of religious place by the State. A temple, church or a mosque, etc, are effectively immovable properties and subject to protection under Article 25 and 26. Every immovable property is liable to be acquired.

 

NOTABLE JUDGEMENT

In the Keshub Mahindra v. State of Madhya Pradesh (1996) 6 SCC 129, Justice Ahmadi as Chief Justice of India on September 13, 1996 in a judgement authored by Justice Majmundar, in the UCC case, coincide with the view that the offence fell within the scope of section 304 A, IPC and not within the scope of section 304 (II), IPC culpable homicide not amounting to murder. Later on the accused were tried user section 304 A and were convicted and sentenced to 2 years punishment, In addition the NGO’s raised a hue and cry and persuaded the government to file a curative petition in the Supreme Court which was decided by a five-judge bench, which upheld the view taken by the Justice Ahmadi bench, and dismissed the petition.

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