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The lives of judges are shrouded in secrecy. Judicial decorum limits their social life and restricts public contact. The privilege of holding a high position comes with the pressure of leading a comparatively isolated life. While in office, he speaks only through his decisions, apart from occasionally expressing his views in seminars and conferences, mostly on matters of law and justice.
Judges of the Supreme Court are prominent persons in India. His decisions have determined the course of the country's history and politics, and charted its social and economic progress.
Chronicles as a draft of legal history
Therefore, when he or those closely associated with him decide to chronicle his life story, it becomes the story of the nation and not just the legal journey of a jurist.
'The Fearless Judge: The Life and Times of Justice AM Ahmadi', the biography of one of the country's most distinguished judges, ticks all the boxes – by exposing the man behind the black cloak, the implications of the judgments he delivered. By highlighting and at the same time offering in-depth commentary on the social and political changes of the country.
Written by Insia Vahanvati, granddaughter of Justice Ahmadi, the 26th Chief Justice of India, this is a biography that defies any genre classification. It is partly a personal memoir, partly an account of India's constitutional journey and partly a history of modern India.
The consequential impact of the Supreme Court in the 1990s
Justice Ahmadi, who held the post of CJI from October 1994 to March 1997, was the author of many landmark judgments and initiated revolutionary changes in the Indian judiciary. He was part of the nine-judge bench that delivered the landmark judgment in the SR Bommai case that held secularism to be a “fundamental part of the basic structure of the Constitution” and strictly prohibited the arbitrary use of Article 356.
Justice Ahmadi's desire to protect democratic values by preventing the concentration of absolute power in the hands of any arm of the government became evident in the 'Second Judges' case. In this case, he chose to dissent from the majority view, which gave absolute power to the Chief Justice in the matter of appointment of judges to the higher judiciary. His decision assumed a great moral dimension, as he was in line to become the Chief Justice and the absolute power being given to the Chief Justice would have given him unrestricted power over appointments and transfers of judges.
However, no amount of encouragement could overcome his aversion to centralization of power. This became clear in many cases. As in the matter relating to the composition of the Election Commission, he favored a multi-member body rather than a single person acting as the body.
Background of Bhopal gas tragedy case
The author, who has a deep legal understanding, has analyzed some of the decisions taken by Justice Ahmadi, which were sharply criticized. One such decision was related to the Bhopal gas tragedy case. Keshav Mahindra, who was chairman of Union Carbide India Limited (UCIL) at the time of the gas leak, had moved the court challenging the criminal charges against him. As the author points out, the original FIR lodged by the Bhopal Police initially contained criminal charges under Section 304A against the accused. Later, these charges were upgraded to a more serious offense under Section 304 (II), indicating culpable homicide not amounting to murder. With this increase in charges came the possibility of more severe punishment, including ten years' imprisonment.
This decision to drop the more serious charges attracted very harsh and unfair criticism towards Justice Ahmadi. But Justice Ahmadi guided legal prudence to remove Section 304(II). The author writes. “The reduction in charges actually ensured that a more rational legal approach could be taken. Without this adjustment, the accused could have completely escaped any legal consequences.”
In this case and on many other occasions, Justice Ahmadi refused to bow to popular pressure and displayed supreme judicial diplomacy.
From pioneering Alternative Dispute Resolution (ADR) to introducing the concept of Judicial Clerks in the Supreme Court, to bringing about a significant reduction in the pendency of cases in the Supreme Court during his tenure as Chief Justice, to introducing the landmark 'Vishakha Guidelines' From helping out in the beginning, he was the force behind many positive changes in the Indian judiciary and politics.
Understanding the character of Ahmadiyya
Most importantly, his decision to ban his children from practicing in the Supreme Court (when he was a judge there) shows his impeccable integrity.
When an eligible candidate for the post of clerk was being rejected because of his “low caste”, he fought with his ‘brothers’. Fearing a security threat, he was advised to remove his Sikh secretary, a proposal he rejected outright as it “struck at the core of his principles”. A secular man, Justice Ahmadi believed that “religion is by birth” and throughout his life he spoke out against religious polarization and religious fundamentalism.
Vahanvati brings to life the extraordinary journey of an extraordinary judge who has the rare distinction of rising from a city court to the chair of the Chief Justice.
The best thing about Vahanvati's writing is that she uses clear prose to tackle complex legal issues with the same ease with which she reveals the man behind the bench. While documenting the life story of Justice Ahmadi, the author has succeeded in telling with great honesty the story of Aziz Mushabbar Ahmadi, a man who was bound by his duty as well as by love, humanity, kindness and compassion. Were.