The Hindu : Front Page : Rajendra Babu takes over as new CJI

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Monday, May 03, 2004

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Front Page

Rajendra Babu takes over as new CJI

By J. Venkatesan

The President, A.P.J Abdul Kalam, and the Prime Minister, Atal Bihari Vajpayee, with the new Chief Justice of India, S. Rajendra Babu, at Rashtrapati Bhavan in New Delhi on Sunday. — PTI

NEW DELHI, MAY 2. S. Rajendra Babu, the senior-most Judge of the Supreme Court, was today sworn in the 34th Chief Justice of India, succeeding Justice V.N. Khare, who retired after a tenure of over 16 months.

The President, A.P.J. Abdul Kalam, administered the oath of office to Mr. Justice Rajendra Babu at a brief ceremony in the Rashtrapathi Bhavan. He will have a short tenure of office till June 1, 2004.

The Prime Minister, Atal Bihari Vajpayee, the former President, K.R. Narayanan, the Speaker of the dissolved Lok Sabha, Manoj Joshi, the outgoing Chief Justice of India, Khare, former CJIs, including Justice A.S. Anand, Chairperson of the National Human Rights Commission and the Union Law Minister, Arun Jaitley, the Communications Minister, Arun Shourie, the Attorney-General, Soli Sorabjee, the Solicitor-General, Kirit Raval, former and present Supreme Court and High Court Judges, eminent lawyers were among those who attended the function.

Erolled as an advocate in January 1965, Mr. Justice Rajendra Babu was appointed permanent Judge of the Karnataka High Court on February 19, 1988, and a Judge of the Supreme Court on September 25, 1997.

As a Supreme Court Judge, he has given landmark judgments in civil, criminal, constitutional, environmental, taxation, corporate laws, and the intellectual property matters.

He analysed the mob psychology in the case relating to anti-Sikh riots, which broke out after the assassination of former Prime Minister, Indira Gandhi. He also interpreted the provisions of Muslim Women (Protection of Rights on Divorce) Act, 1986.

In the HPCL/BPCL disinvestment case, Mr. Justice Rajendra Babu held that parliamentary approval was required for disinvestment of the shares in the two major public sector undertakings and thereby put on hold the disinvestment process in the case of the two oil majors.

Upholding the provisions of the Prevention of Terrorism Act, he defined that to attract Sec. 21 (3) (extending support to a banned terrorist organisation), there must be criminal intention to commit a terrorist act and as a result of this interpretation, the MDMK general secretary, Vaiko, and eight others were baled out of the POTA charges by the Central POTA Review Committee.

In the Anand Margi's case, he held that Anand Margis have no right to take out a procession carrying human skulls and `trishul.' Known for his has quick grasp, humane nature as also wit and humour, Mr. Justice Rajendra Babu participated in international seminars of Supreme Court judges held at Geneva this year and in the U.S. last year.

He is credited with delivering several lectures on important legal issues, including women's rights, the IPRs, freedom of speech and expression and judicial accountability at various national and international fora.

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