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Full Court Reference In Memory Of Justice Monoj Kumar Mukherjee, Justice M Y Eqbal & Justice S C Agarwal By CJI N V Ramana

By Anurupa Biswas      23 February, 2022 01:50 PM      0 Comments
Supreme Court NVRamana Monoj Kumar Mukherjee MYEqbal SCAgarwal

Shri Justice Monoj Kumar Mukherjee was born on 1st December, 1933. He completed his B.Sc. from Presidency College, Kolkata and went on to study law at Calcutta University.

He joined the bar in 1956 and practiced before the Sub Divisional and District courts as well as labour tribunal in Asansol. He was an expert in criminal and labour law. During his days as an Advocate at the High Court of Calcutta, he successfully defended various clients detained under Maintenance of Internal Security Act and Defence of India Act, especially during the National Emergency of 1975 to 1977.

He was appointed as Additional Judge of Calcutta HC in 1977 and also the permanent judge the very same year. In the years of 1991 and 1993, he was appointed as the Chief Justice of Allahabad HC and Bombay HC. He was elevated as a Judge of the Supreme Court of India on 14th December, 1993.

He was part of the bench in T.N. Seshan, Chief ElectionCommissioner of India vs. Union of India, where the posts of Chief Election Commissioner and Election Commissioner were equated within the constitutional framework. The case is the cornerstone of electoral jurisprudence in India.

In the case of University of Delhi v/s Anand Vardhan Chandal, he clarified the extent of the Right to Education, saying that while the right to education was a fundamental right, the right of a student to contest student union elections was only a statutory right.

He demitted the office on 30th November, 1998. His years at the Bench earned him deep respect from all the members of the Bar. Known for his empathy to litigants and speedy disposal of cases, he was deeply committed to the delivery of justice. He used to encourage junior members of the Bar.

In May 1999, Justice Mukherjee was appointed by the centre as the chairperson of the inquiry commission pertaining to the alleged disappearance of Netaji Subhas Chandra Bose. His fees for heading this commission were only a rupee. 

Even in his personal life, Justice Mukherjee was an inspiring man. He was the eldest in a family of 12 siblings, and was a guiding light to his brothers and sisters. His youngest brother Senior Advocate Sri Milon Mukherjeeand youngest sister,  Advocate Kavita Mukherjee are practicing inthe High Court of Calcutta.

He passed away on 17th April 2021, leaving behind his sons Shri Monojit Mukherjee, Shri Mitranjit Mukherjee and Shri Miranjit Mukherjee and their families. 

Shri Justice M Y Eqbal

Shri Justice M Y Eqbal was born on 13th February; 1951.He obtained his Bachelors degree in science from Ranchi University and thereafter earned his degree in Law as a gold medallist in the year 1974.

He started his practice in 1975, specialising in civil law. He was appointed as the standing counsel for several banks, financial institutions and insurance companies due to his vast knowledge of law. 

In 1990 he was appointed as government pleader of the Ranchi bench of the Patna High Court. In 1993, he was appointed as the government advocate. He was elevated as a Judge of the High Court of Patna on 9thMay, 1996. Upon bifurcation of Bihar, he was made a Judge of the High Court of Jharkhand in November 2000. He was also appointed as the Acting Chief Justice of the High Court of Jharkhand. In the year 2003, he was nominated by the then Honble Chief Justice of India as a Member of the Ravi and Beas Water Tribunal. 

He has been instrumental in improving the legal system. His commitment and passion for the cause of legal aid was incomparable especially in improving the legal services in Jharkhand. 

In the landmark case of Prasant Vidyarthy & Anr vs State of Jharkhand & Ors, he gave the concept of domicile and held that restrictive definitions of local persons put forth by Jharkhand govt for appointment to the States labour department was unreasonable and ultra vires Articles 14 and 16 of the Constitution.

He was appointed as the Chief Justice of Madras HC on 11th June 2010 and on 24th December 2012, he was appointed as a Judge of the Supreme Court. During his tenure, he held the RBI to be accountable to the public in the case of RBI vs. Jayantilal N Mistry. He directed the RBI to disclose information in its annual inspection report and stated that RBI was to act in public interest and not serve the interests of private banks.

Justice Eqbal in the case of Dayanand Anglo Vedic (DAV) College Trust & Management Society v. State of Maharashtra upheld the importance and independence of minority educational institutions. His decision ensured that the sanctity of minority institutions is maintained. He held that these should be given full opportunity to fulfil their constitutional objective, which was to enhance education for minorities and further promote and preserve minority language and culture.

He demitted the office on 12th February, 2016. He was a firm supporter of education being a tool of empowerment. He started college scholarships for meritorious girls in Ranchi and undertook a lot of charitable work for espousing the causes of quality education and medical facilities. The only thing that shared his equal attention and commitment was his family. Justice Eqbal was a devoted husband, a dedicated father and an indulgent grandparent.

He passed away on 6th May 2021 and is survived by his wife Smt. Iffat Eqbal, son Shri Soheb Khan, daughters Dr. Sadaf Khan and Smt. Sadia Khan and their families.

Shri Justice S C Agrawal

Mr. Justice S.C. Agrawal was born on 5th September, 1933.After obtaining his degree in science, he decided to join the legal profession and obtained his degree in Law from Rajasthan University in the year 1952. His career began when he enrolled himself as a pleader in the District Court, Jaipur. Rising swiftly through the profession, he started his practice at Jodhpur as an Advocate of the High Court of Rajasthan in 1955.

He obtained an LL.M. Degree from University College, London and was called to the Bar in England from the Middle Temple in 1957.

He was appointed as an Additional Judge of the High Court of Rajasthan in June 1978 and elevated as permanent judge in June 1980. His decision in the case of Paschim Banga Khet Mazdoor Samiti vs. State of West Bengal was key in emphasising the states obligation as a welfare state and to provide adequate medical services to the people. Further, he held that the State cannot avoid its constitutional obligation of providing free legal aid to those in need.

He retired from office on 04th September 1998.The Supreme Court of India had appointed Justice Agrawal to a one-member Enquiry Commission. The objective of the Commission was to look into controversies pertaining to absorption of employees in certain colleges. His efforts in scrutinizing a large number of files, hearing multiple individual employees, their associations, and concerned authorities were greatly appreciated.

He bequeathed his residential house in Delhi to the Ramakrishna Mission, Howrah for its ongoing charitable activities in the field of health and education. He donated all his movable assets to charity in the fields of education and health for those who are deprived of the same. He also allocated generous amounts of sum towards building of a hospital and a law college in the name of his late parents.

He left for heavenly abode on 28th July, 2021 and is survived by his brother, Shri Dinesh Chandra Agrawal, sisters, Smt. Usha Agrawal and Smt. Nisha Malhotra and their families.



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