and they have done the nation proud.Nani Palkhiwala, Fali S Nariman, Soli Sorabjee to mention a few and there could be many more. The latest shining star in the legal firmament is of course Chief justice of India justice Sarosh Homi Kapadia. In recent times Justice Kapadia has rejuvenate India’s legal system through his powerful judgments and strong observations.
With a stunning verdict of striking down appointment of Central Vigilance Commissioner P J Thomas, he has sent strong message that no one is above law. The verdict has jolted the United Progressive Alliance Government at centre. No government would dare to take any such decision after the judgement over Thomas.
The best acknowledgement of Justice Kapadia has come from the leader of the opposition in the Lok Sabha Sushma Swaraj who opposed the selection of Thomas. “I am happy that the dignity of the office of CVC has been restored”, she said.
“The verdict is an indictment of the PM and the Home Minister” says former Chief Election Commissioner James Micheal Lyngdoh.
Legal experts see the judgment as best way to restore the credibility of the apex court which suffered considerable during three-year tenure of Kapdia predecessor justice K G Balakrishnan.
However question has also being raised over resurfacing of judicial activism. His critics say that he did not see the social fabric and political compulsion of running the country. His critics even go on saying that justice Kapadia does not foresee the implication of his verdicts.
All the eminent lawyers from the Parsis community have had their internship in the law firms in Mumbai- the nursery for the legal profession.
About himself Kapadia says: “I come from a poor family. I started my career as a class IV employee and the only asset is possess is my integrity”.
The thirty-eighth Chief Justice of India, Kapadia was born on September 29, 1947 in a lower middle-class Parsi family from the Khetwadi-Girgaum region of Bombay. His father was a clerk in defence establishment and mother a homemaker. S
He started work as a young lawyer under well-known labour advocate Firoze Damania Mumbai Law Office in the eighties. However his zeal to achieve inspired him to join the legal profession and he became an advocate. He joined as an advocate in the Bombay High Court on 10 September 1974.
In 1991, Kapadia became judge of Bombay High Court. His seniors, at that time, were all praise for his unblemished integrity.
He was appointed as an Additional Judge of the Bombay High Court on October 8, 1991 becomes a Permanent Judge of the same Court on 23rd March 1993. he was appointed as a Judge of the Special Court (Trial of Offences Relating to Transaction in Securities) Act, 1992 on 15th October 1999.
During the above period, Kapadia decided important matters under PIL pertaining to CRZ, financial matters under RBI and Banking Regulation Act; matters concerning the Constitutional validity of the 74th Amendment Act of 1992 dealing with Municipalities; matters under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. He also settled matters concerning Mergers and Acquisitions; matters under Payment of Bonus Act; matters under Industrial Disputes Act.
He also dealt with matters under the Income Tax Act concerning Valuation of closing stocks, accounting treatment to be given to Modvat Credit Convergence of Tax Accounting with Commercial Accounting, etc.
As a Judge presiding over the Special Court justice kapdia has dealt with Civil and Criminal matters including matters concerning corroborative value to be given to the Report submitted by RBI and JPC vis-à-vis Evidence Act. As a Judge of the Special Court, he has also dealt with Accounts and Finances of Banks and Financial Institutions as also accounts of the Share and Stock Brokers as also matters under Contempt o Courts Act where the Notified Parties had diverted their assets. As judge of the Special Court he framed Investment Schemes, Schemes dealing with Valuation and Disposal of Shares of Notified Parties as also Distributions of asset of the Notified Parties under the Act and declaring dividends to the Creditors of the Notified Parties.
He was appointed as Chief Justice of the Uttaranchal High Court on August 5, 2003 and elevated to the Bench of the Supreme Court of India on December 18, 2003.
Justice Kapadia has keen interest in Economics, Public Finance that is why he easily deals with financial cases of all sorts.
Currently he and his team is handling a number of sensitive cases which could have far reaching consequences on the politic- economic condition of India. It has to be seen how far he take India’s judicial system before he retires on September 29, 2012 as chief justice of India.
BOSCO CELESTINE/ ANDALIB AKHTER