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CJI Deepak Mishra: Man behind many landmark judgments 

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Dipak Mishra, the incumbent Chief Justice of India will be retiring on 2nd October,  had recommended Justice Ranjan Gogoi as his successor. He is serving as the 45th and current Chief Justice of India since 28th August, 2017.

To his credit he had many historical judgements which he delivered either himself or in a bench.

The bench headed by CJI Mishra decriminalised consensual adult sex saying sexual orientation is natural and people have no control on it. Homosexuality gets legal approval and recognition, Section 377 criminalising Unnatural sex will not apply to consensual same-sex acts.

SC allows Passive Euthanasia and Living Will. The bench led by CJI Mishra held that right to die is a fundamental right. The bench also held the passive euthanasia and living will legally valid. The right life and dignity also includes the smoothening of the process of dying in case of a terminally ill patient or a person in persistent vegetative state with no hope of recovery.

In an unprecedented overnight hearing at 3:20 am on 30 July 2015, a three-judge bench of the Supreme Court led by Justice Misra dismissed Yakub Memon’s last-minute petition for a stay on his death warrant.

The bench headed by Mishra in apex court delivered a historical judgment on age old defamation laws where in it was declared that “reputation of one cannot be allowed to be crucified at the altar of other’s right to free speech”.

Dipak Mishra delivered a judgement which made it mandatory to play national anthem in cinema halls before the starting of the play. This was later on amended as optional rather than mandatory.

In another historical judgement, all States and Union territories were directed to upload all F.I.Rs registered in all police stations within 24 hours to enable the accused to defend themselves appropriately.

In Delhi gang rape case the bench in which he participated, 4 persons were sentenced to death by hanging. This was an unprecedented judgment.

Justice Misra, in his judgment on mob vigilantism and lynching, issued directions, including preventive, punitive and remedial measures, to deal with the crime.

The apex court today ruled that the Lieutenant Governor cannot act as an obstructionist in policy decisions of the union territory. All decisions of the government must be conveyed to the Lieutenant Governor, but his concurrence is not needed in all matters, said Chief Justice Of India Dipak Misra.

Also, Justice Mishra was the mastermind behind the idea of introducing Legal Assistance Establishments in states to streamline activities to provide free legal aid to the people in need.

-Shriyaansh Gupta

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