Krishnadas Rajagopal New Delhi
Justice Jamshed Burjor Pardiwala, to be sworn in as Supreme Court judge along with Justice Sudhanshu Dhulia on Monday, will be the sixth apex court judge from the Parsi community.
In line to be the third Chief Justice of India from the community, Justice Pardiwala would be top judge for a little over two years and lead the court into the next decade. Justice Pardiwala, in 2015, while hearing a plea by Patidar leader Hardik Patel, had initially observed that “reservation and corruption are two things that have not allowed the country to progress in the right direction”, but later expunged the remark when 58 members of the Rajya Sabha petitioned Chairperson Hamid Ansari for his impeachment. He was critical of the steps taken by the Gujarat government during the COVID-19 crisis.
The first member of the Parsi community to serve on the Supreme Court was Justice Dinshah Pirosha Madon in the early 1980s. The two Chief Justices of India, Justices Sam Piroj Bharucha and Justice Sarosh Homi Kapadia, were appointed top judges almost 10 years apart. Justice Bharucha was appointed CJI in 2001 and Justice Kapadia in 2010.
Then there were the two “Narimans”. Justice Sam Nariman Variava, once a part-time professor of law at Sydenham College in Bombay, was Supreme Court judge between 2000 and 2005.
A decade later, the court witnessed in Justice Rohinton Fali Nariman a brilliant spell and a flurry of judgments in fields of law as varied as death penalty review, free speech and insolvency laws.
Justice Bharucha was the 30th Chief Justice of India. Media reports of the time of his appointment as CJI showed Justice Bharucha described in the legal circles as a stern, fair judge who kept his distance from the political establishment. When the SC pulled up author Arundhati Roy for her writing on the Narmada dam issue, Justice Bharucha gave a dissenting opinion, saying the “court’s shoulders are broad enough to shrug off their comments and focus should not shift from the rehabilitation of the oustees”. His judgment led to the dismissal of Jayalalithaa as Tamil Nadu Chief Minister.
Justice Variava was a lawyer who practised in the Bombay High Court and appeared in the civil court. He was elevated to the Supreme Court as judge in March 2000.
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