6 RULING judgement of Dipak misra


  • Justice Dipak Misra held a midnight hearing for Yakub Memon
  • Bench of Justice Misra made playing national anthem in cinema halls mandatory
  • Justice Dipak Misra became CJI on August 28 last year.

National Anthem

A Justice Dipak Misra bench of the Supreme Court had made playing the national anthem in cinema halls mandatory in 2016. However, Justice Dipak Misra-headed bench amended the national anthem ruling a couple of times making it optional in cinema halls.

Right To Reputation

Hearing petitions filed by politicians including Rahul Gandhi, Arvind Kejriwal and Subramanian Swamy in May 2017, Justice Dipak Misra held reputation of a person could not be allowed to be crucified at the altar of the other’s right of free speech.

Justice Dipak Misra ruled, “The right to reputation is a constituent of Article 21 of the Constitution. It is an individual’s fundamental right.” The bench upheld the 156-year-old defamation

Online FIR Mandatory

Within 10 days of taking oath as the CJI, Justice Dipak Misra gave a ruling to make working of police transparent and accountable to public. The Supreme Court ordered all the states to make all FIRs online within 24 hours of its registration. The bench held that uploading the FIR online would help the affected parties to move the courts for redress with suitable pleas.

Gay Sex Not A Crime

The Supreme Court declared Section 377 of the IPC as unconstitutional. Section 377 made gay sex a criminal offence with a provision for jail term up to five years. CJI Dipak Misra held that Section 377 denied the fundamental right to choose without fear a partner and the basic right to companionship.

Adultery Not An Offence

The last week of the tenure of CJI Dipak Misra was extraordinarily eventful as a series of landmark judgments were delivered by the Supreme Court bench led by him. It began with the Supreme Court holding Section 497 of the IPC as unconstitutional.

Section 497 defined adultery a crime. But it said that it was an offence committed by a man against a married man if the former established an adulterous relationship with latter’s wife. The right to consent of the woman was vested in her husband. The Supreme Court struck down Section 497 for violating fundamental right to equal.

Aadhaar Made Conditional

In a respite to the Narendra Modi government, the Supreme Court upheld the constitutional validity of Aadhaar. A bunch of petitions had been filed challenging Aadhaar on the grounds that the collection of biometric data of the citizens violated the fundamental rights of people and gave the government an overbearing power that could be misused.

The Supreme Court held the constitutionality of Aadhaar but ruled that the UIDAI project could not be made mandatory for any social welfare scheme and availing rights. However, Justice Dipak Misra bench ruled that the government notification for mandatory Aadhaar-PAN linking was valid

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