imported>DaxServer: Reverting edit(s) by EditWiki45 (talk) to rev. 1022806735 by FreeToDisagree: MOS:HONOURIFICS (from contribs) (RW 16.1)

2021-07-31T10:15:29Z

Reverting edit(s) by EditWiki45 (talk) to rev. 1022806735 by FreeToDisagree: MOS:HONOURIFICS (from contribs) (RW 16.1)

← Older revision	Revision as of 15:45, 31 July 2021
(No difference)

>FreeToDisagree: Removed the religion-parameter from the infobox since it is no longer in use.

2021-05-12T16:07:51Z

Removed the religion-parameter from the infobox since it is no longer in use.

New page

{{short description|38th Chief Justice of India}}
{{Use dmy dates|date=November 2018}}
{{Use Indian English|date=November 2018}}
{{Infobox officeholder
| honorific-prefix =
| image = Justice S.H. Kapadia.jpg
| name = Sarosh Homi Kapadia
| imagesize =
| caption = Justice Sarosh Homi Kapadia
| order1 = 38th
| office1 = Chief Justice of India
| termstart1 = 12 May 2010
| termend1 = 28 September 2012
| nominator1 =
| appointer1 = [[Pratibha Patil]]
| predecessor1 = [[K. G. Balakrishnan]]
| successor1 = [[Altamas Kabir]]
| order2 = 2nd
| office2 = Chief Justice of Uttarakhand
| termstart2 = 5 August 2003
| termend2 = 17 December 2003
| nominator2 =
| appointer2 =
| predecessor2 = Prakash Chandra Verma {{small|(acting)}}
| successor2 = Prakash Chandra Verma {{small|(acting)}}
| birth_date = {{Birth date|1947|9|29|df=y}}
| birth_place = [[Mumbai]], India
| death_date = {{Death date and age|df=y|2016|1|4|1947|9|29}}
| death_place = Mumbai, India
| spouse = Shahnaz Kapadia
}}

'''Sarosh Homi Kapadia''' (29 September 1947 – 4 January 2016) was the thirty-eighth [[Chief Justice of India]].<ref name=indian-express>{{cite news|last=Agencies|title=Justice S H Kapadia appointed as new CJI|url=http://www.expressindia.com/latest-news/Justice-S-H-Kapadia-appointed-as-new-CJI/613497/|access-date=19 June 2012|newspaper=The Indian Express|date=30 April 2010|url-status=dead|archive-url=https://web.archive.org/web/20121005065411/http://www.expressindia.com/latest-news/Justice-S-H-Kapadia-appointed-as-new-CJI/613497/|archive-date=5 October 2012}}</ref><ref name=business-standard>{{cite news|author=Aditi Phadnis|author-link=Aditi Phadnis|title=Newsmaker: S H Kapadia|url=http://www.business-standard.com/india/news/newsmaker-s-h-kapadia/394824/|accessdate=19 June 2012|newspaper=Business Standard|date=14 May 2010}}</ref><ref name=parsikhabar>{{cite news|title=Sarosh Homi Kapadia Appointed Chief Justice of India|url=http://parsikhabar.net/news/sarosh-homi-kapadia-appointed-chief-justice-of-india/2327/|accessdate=19 June 2012|newspaper=Parsi Khabar|date=30 April 2010}}</ref><ref>{{cite web|title=Honourable Mr. Justice S. H. Kapadia.|url=http://bombayhighcourt.nic.in/libweb/judges/Kapadia%20S.H..html|publisher=Bombay High Court|accessdate=19 June 2012}}</ref>

==Career==
[[File:Justice S.H. Kapadia administering the oath of the office of the President of India to Shri Pranab Mukherjee at a swearing-in ceremony in the central hall of Parliament, in New Delhi on July 25, 2012.jpg|thumb|Justice S.H. Kapadia administering the oath of the office of the President of India to Shri Pranab Mukherjee at a swearing-in ceremony in the central hall of Parliament, in New Delhi on July 25, 2012]]
S. H. Kapadia was born in Mumbai in 1947.<ref name="sci">{{cite web|url=http://www.supremecourtofindia.nic.in/judges/sjud/shk.htm|title=CJ & Sitting Judges - Hon'ble Mr. Justice S.H. Kapadia|publisher=Supreme Court of India website|access-date=30 April 2010|url-status=dead|archive-url=https://web.archive.org/web/20101130042117/http://supremecourtofindia.nic.in/judges/sjud/shk.htm|archive-date=30 November 2010}}</ref> He graduated from [[Government Law College, Mumbai]] which is the oldest law college in Asia. Kapadia started his career as a class IV employee.<ref>{{Cite web|url=http://www.forbesindia.com/article/independence-day-special/sh-kapadia-pilgrim-of-justice/33592/0|title=Forbes India Magazine - SH Kapadia: Pilgrim of Justice|website=Forbes India|language=en-US|access-date=2017-01-10}}</ref> He later became a law clerk in a lawyer's office in [[Mumbai]]. He joined Gagrat & Co., a law firm, as a clerk and later went on to work with Feroze Damania who was a highly respected "firebrand" labour lawyer. He later joined as an advocate in the [[Bombay High Court]] on 10 September 1974.

Kapadia was appointed as an additional judge of the [[Bombay High Court]] on 8 October 1991 and on 23 March 1993 he was appointed as a permanent judge. On 5 August 2003 he became the Chief Justice of the [[Uttarakhand High Court]]. On 18 December 2003 he was appointed as a judge of the [[Supreme Court of India|Supreme Court]].<ref name="sci"/> On 12 May 2010 he was sworn in as the [[Chief Justice of India]] by the then [[President of India|President]] [[Pratibha Patil]]. He retired on 29 September 2012. During his tenure as Chief Justice<ref>{{Cite web|url=http://www.legallyindia.com/201209283149/Interviews/sh-kapadia-end-of-an-era-indias-greatest-ever-cji-or-missed-opportunity-how-will-you-remember-the-legacy|title=SH Kapadia, end of an era: India's greatest ever CJI or missed opportunity? How will you remember the legacy?|last=Ganz|first=Kian|website=www.legallyindia.com|access-date=2017-01-10}}</ref> he was the Chairman of the General Council of the [[Gujarat National Law University]] and the Visitor of the [[National Law School of India University]].<ref>{{cite news|url=http://articles.timesofindia.indiatimes.com/2010-05-12/india/28294862_1_justice-kapadia-strict-judicial-discipline-ninth-schedule|archive-url=https://web.archive.org/web/20130526140733/http://articles.timesofindia.indiatimes.com/2010-05-12/india/28294862_1_justice-kapadia-strict-judicial-discipline-ninth-schedule|url-status=dead|archive-date=26 May 2013|title=Justice S H Kapadia sworn in as new Chief Justice of India|date=12 May 2010|work=[[The Times of India]]|accessdate=12 May 2010}}</ref>

==Personal life==
Kapadia was married to Shahnaz and has a son who is a Chartered Accountant and a daughter. Justice Kapadia was a devout [[Zoroastrian]]. He was also interested in economics, public finance, theoretical physics, and Hindu and Buddhist philosophies.<ref name=sci /> He died on 4 January 2016 in Mumbai.<ref>{{cite web | url=http://economictimes.indiatimes.com/news/politics-and-nation/former-chief-justice-of-india-sh-kapadia-passes-away/articleshow/50450344.cms | title=Former chief justice of India SH Kapadia passes away | work=[[The Economic Times]] | date=5 January 2015 | accessdate=5 January 2016 |quote="Top legal luminary and former Supreme Court chief justice Sarosh Homi Kapadia passed away late on Monday, a family member said."}}</ref>

== Notable judgments ==

=== Quashing of the appointment of Central Vigilance Commissioner ===
{{see also|Central Vigilance Commission|P. J. Thomas (Indian administrative officer)}}

On 3 March 2011, a three-member bench headed by Kapadia, quashed the appointment of [[Central Vigilance Commission|Chief Vigilance Commissioner]], [[P. J. Thomas, Polayil|P.J. Thomas]], made by the High Power Committee comprising Prime Minister [[Manmohan Singh]], Home Minister [[P. Chidambaram]] and Leader of Opposition [[Sushma Swaraj]] (dissenting). The judgment caused severe embarrassment for the Government and made [[Manmohan Singh]] admit the error in appointment. While the judgement was welcomed by most media pundits,<ref>{{cite news| url=http://www.thehindu.com/opinion/editorial/article1506914.ece | location=Chennai, India | work=The Hindu | title=A severe indictment | date=3 March 2011}}</ref> some experts have expressed their concerns of miscarriage of justice. Former IAS officer, S. M. Murshed writes, 'the [[ratio decidendi]] of the Hon’ble [[Supreme court|Supreme Court]] is a bit difficult to comprehend, for, in the last analysis, the entire case against Thomas rested on a solitary, misconceived [[First Information Report|FIR]] which was filed as an afterthought and which should never have been filed. Given the facts, Manmohan Singh did no substantive wrong and he did not commit any error (in appointing Thomas).'<ref name=boloji>{{cite news|last=Murshed|first=S. M.|title=PJ Thomas: Saga of a Man Wronged|url=http://cms.boloji.com/index.cfm?md=Content&sd=Articles&ArticleID=10755|accessdate=19 June 2012|newspaper=Boloji.com|date=29 Mar 2011}}</ref>

=== Dissenting judgement in Lalu Prasad Yadav's bail cancellation case ===
{{See also|Lalu Prasad Yadav}}

Kapadia was part of the three-member [[Supreme Court of India|Supreme Court]] bench that decided a [[public interest litigation|PIL]] filed by two [[National Democratic Alliance (India)|NDA]] leaders seeking the cancellation of bail of [[Rashtriya Janata Dal]] chief [[Lalu Prasad]] and his wife and former Bihar Chief Minister [[Rabri Devi]] for their interference in the judicial process in the [[disproportionate assets]] (DA) and Income Tax cases against them.<ref name="SC reprieve for Lalu PIL to cancel bail rejected"/>

The verdict, by majority of 2:1, went in favour of Prasad but Justice Kapadia gave a dissenting judgement saying the income tax department should have filed an appeal against the Income Tax Appellate Tribunal (ITAT) order. On the issue of promotion of judge Munni Lal Paswan, he said, while competence and suitability of two other judges, who were promoted to the post of Special Judge along with Paswan, were determined on the basis of annual confidential report (ACRs) and inspecting the judges' reports, the criteria was not applied while promoting Paswan who had been found to be slow in disposing cases.<ref name="SC reprieve for Lalu PIL to cancel bail rejected">{{cite news | url=http://www.tribuneindia.com/2006/20060822/main5.htm | title=SC reprieve for Lalu PIL to cancel bail rejected | date=22 August 2006 | accessdate=16 May 2012}}</ref><ref name="Lalu, Rabri win a reprieve in SC">{{cite news | url=http://articles.timesofindia.indiatimes.com/2006-08-22/india/27809402_1_justice-kapadia-rabri-devi-income-tax | archive-url=https://archive.today/20130103070402/http://articles.timesofindia.indiatimes.com/2006-08-22/india/27809402_1_justice-kapadia-rabri-devi-income-tax | url-status=dead | archive-date=3 January 2013 | title=Lalu, Rabri win a reprieve in SC | date=22 August 2006 | work=[[The Times of India]] | accessdate=16 May 2012}}</ref>

=== Vodafone judgment ===

The [[Vodafone India#Vodafone-Hutchison tax case|Vodafone judgment]] was among the most high-profile of Justice Kapadia’s tenure.<ref>{{cite web | url=https://blogs.wsj.com/indiarealtime/2012/01/20/the-man-who-ruled-in-vodafones-favor/ | title=The Man Who Ruled in Vodafone's Favor | publisher=Wall Street Journal | accessdate=18 February 2013}}</ref>

=== Others ===
Justice Kapadia delivered a landmark judgement relating to succession of property in 30 April 2005 in which he ruled out the possibility of conducting the DNA test.<ref>{{cite web|url=https://www.business-standard.com/article/beyond-business/newsmaker-s-h-kapadia-110051400017_1.html|title= SH Kapadia|website=www.business-standard.com|access-date=2019-11-18}}</ref>

== Quotes ==
{{Copy to Wikiquote|section=yes}}
* "I am proud to be an Indian. India is the only country where a member of the minority Parsi community with a population of 1,67,000, like myself, can aspire to attain the post of the Chief Justice of India. These things do not happen in our neighbouring countries."
** Chief Justice Kapadia speaking at the Independence Day celebrations in the Supreme Court.<ref name="Minorities can rise to top jobs only in India: Chief Justice of India">{{cite news|title=Minorities can rise to top jobs only in India: Chief Justice of India|url=http://articles.timesofindia.indiatimes.com/2012-08-16/india/33232149_1_justice-kapadia-chief-justice-minority-communities|archive-url=https://web.archive.org/web/20120817083144/http://articles.timesofindia.indiatimes.com/2012-08-16/india/33232149_1_justice-kapadia-chief-justice-minority-communities|url-status=dead|archive-date=17 August 2012|accessdate=16 August 2012|newspaper=[[The Times of India]]|date=16 August 2012}}</ref><ref name="Accountability law must not encroach on judicial independence, cautions CJI">{{cite news|title=Accountability law must not encroach on judicial independence, cautions CJI|url=http://www.indianexpress.com/news/accountability-law-must-not-encroach-on-judicial-independence-cautions-cji/988900/|accessdate=16 August 2012|newspaper=The Indian Express|date=16 August 2012}}</ref>
* "I come from a poor family. I started my career as a class IV employee and the only asset I possess is integrity"
* "Right to life, we have said, includes environmental protection, right to live with dignity. Now we have included right to sleep, where are we going? It is not a criticism. Is it capable of being enforced? When you expand the right, the judge must explore the enforceability."
** Chief Justice Kapadia during a lecture on "Jurisprudence of Constitutional Structure".<ref name="Judges Should Not Govern Nation: CJI">{{cite news|title=Judges Should Not Govern Nation: CJI|url=http://news.outlookindia.com/items.aspx?artid=773144|archive-url=https://archive.today/20130130212610/http://news.outlookindia.com/items.aspx?artid=773144|url-status=dead|archive-date=30 January 2013|access-date=25 August 2012|newspaper=Outlook India|date=25 August 2012}}</ref>
* "A day might come when the rule of law will stand reduced to a rope of sand."
** Justice Kapadia reacting to a flood of [[Public Interest Litigation]]s (PIL) being filed in the Supreme Court against corruption and non performing government authorities.<ref name="Their crusading lordships">{{cite news|title=Their crusading lordships|url=http://indiatoday.intoday.in/story/justice-s.-h.-kapadia-cji-supreme-court-corruption/1/160282.html|accessdate=15 October 2012|newspaper=India Today|date=16 November 2011}}</ref>

==References==
{{Reflist}}

== External links ==
* [http://www.thehindu.com/news/national/sh-kapadias-tenure-targeted-corruption-in-high-places/article3942899.ece S.H. Kapadia’s tenure targeted corruption in high places]

{{s-start}}
{{S-legal}}
{{succession box | before = [[K. G. Balakrishnan]] | title = [[Chief Justice of India]] | years =12 May 2010 – 28 Sep 2012 | after =[[Altamas Kabir]]}}
{{s-end}}

{{Chief Justices of India}}
{{Authority control}}

{{DEFAULTSORT:Kapadia, S. H.}}
[[Category:2016 deaths]]
[[Category:Chief Justices of India]]
[[Category:Parsi people from Mumbai]]
[[Category:1947 births]]
[[Category:Scholars from Mumbai]]
[[Category:Judges of the Bombay High Court]]
[[Category:Justices of the Uttarakhand High Court]]
[[Category:20th-century Indian judges]]
[[Category:20th-century Indian lawyers]]
[[Category:21st-century Indian lawyers]]
[[Category:21st-century Indian judges]]

S. H. Kapadia - Revision history

imported>DaxServer: Reverting edit(s) by EditWiki45 (talk) to rev. 1022806735 by FreeToDisagree: MOS:HONOURIFICS (from contribs) (RW 16.1)

>FreeToDisagree: Removed the religion-parameter from the infobox since it is no longer in use.