Justice Dinesh Maheshwari : Know Your Judges.

1. JUSTICE DINESH MAHESHWARI

INTRODUCTION

Mr. Justice Dinesh Maheshwari is a judge of the Supreme Court of India. He completed his graduation in B.Sc. (Hons) in Physics from University of Rajasthan, Jaipur. He graduated in law from Jodhpur University and enrolled as an advocate.

LEGAL CAREER

Earlier he started his career at District Civil Courts of Jodhpur and also the high court of Rajasthan. He practiced mainly on Civil and constitutional sides while specializing mainly in civil; Revenue, Arbitration, and Company matters. He was as a Lawyer for many reputed organization of Rajasthan – Revenue and Excise Departments, urban improvement trust and various co-operative Banks. After a rigorous struggle and will power, he was elevated as a judge of Rajasthan.

He was transferred to Allahabad High Court and remained Senior Judge at the Lucknow Bench of Allahabad High Court from 2 March 2015. He took Oath as Chief Justice of the High Court of Meghalaya on the 24th February 2016. On transfer to Karnataka, Justice Dinesh Maheshwari took oath as 30th Chief Justice of High Court of Karnataka on 12 February 2018.^[2]He took oath as Judge of Supreme Court of India on 18th January 2019.

NOTABLE CASES

ANIL CHITOD V/S RAJ

The petitioner Anil Chitoda seeks specific order of this Court in relation to the interim order passed earlier in this petition that the same having not been specifically vacated continues to remain in operation. The matter being considered in relation to the said applications only, elaborate discussion on the merits of the case does not appear necessary; and a brief reference to the background facts and relevant aspects would suffice.

It is, of course, to be made clear that in this petition only a show cause notice has been issued and the petition is to be heard for admission again. No observation herein shall have any bearing or relevance for the purpose of consideration of the case on the merits. However, looking to the overall circumstances of the case and the nature of the dispute; in order to put the record straight; and in the interest of justice, it is considered necessary that the interim order as passed in this case be extended until further orders while placing the petition for admission. Ordered accordingly. Thus petition stands closed.

RECENT ACHIEVEMENTS

Justice Maheshwari elevated as a judge of Supreme Court of India this January 2019. The sanctioned strength of judges in the Supreme Court is 31. With the swearing-in of justices, Maheshwari and the strength has now gone up to 28. The Bar Council of India (BCI) had, on Wednesday, protested the Supreme Court Collegium’s recommendation to elevate Justice Khanna by superseding several other judges and termed the decision as “whimsical and arbitrary”.

Before the BCI made a statement protesting the collegium’s decision, Justice Sanjay Kishan Kaul of the Supreme Court also wrote a note to the CJI and other members of the Collegium for ignoring the seniority of justices Nandrajog and Menon.

CONCLUSION

Every decision of the Chief Justice of India, and the Collegium headed by him/her, in matters of appointment, directly impacts, at an institutional level, the ability of the judiciary to replenish its dwindling ranks, and even more fundamentally, it impacts the very standing of the legal profession itself.

The worry that the current Chief Justice of India reflected about a lack of enthusiasm to join the Bench, is in many ways foreshadowed by the reluctance of fresh law graduates to enter the rough and tumble of litigation. At successive National Law School convocations, University Chancellors who are Chief Justices of the High Court concerned make it a point to extol students – many of them first-generation law graduates – to enter the field of litigation by assuring them of a fulfilling career that is ostensibly awaiting them in the future, and of the profession giving them their due.

What a tragedy indeed, when the very person giving the assurance cannot be sure that this assurance will reflect in his or her own career in the future!