Altamas Kabir
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Altamas Kabir (19 July 1948 – 19 February 2017) was an Indian lawyer and judge who served as the 39th
Chief Justice of India The chief justice of India (CJI) is the chief judge of the Supreme Court of India and the highest-ranking officer of the Indian judiciary. The Constitution of India grants power to the President of India to appoint, as recommended by the outg ...
.


Early life and education

Altamas Kabir was born in
Calcutta Kolkata, also known as Calcutta (List of renamed places in India#West Bengal, its official name until 2001), is the capital and largest city of the Indian States and union territories of India, state of West Bengal. It lies on the eastern ba ...
in 1948, to a
Bengali Muslim Bengali Muslims (; ) 'Mussalman'' also used in this work./ref> are adherents of Islam who ethnically, linguistically and genealogically identify as Bengalis. Comprising over 70% of the global Bengali population, they are the second-largest ...
family from the district of Faridpur (now in
Bangladesh Bangladesh, officially the People's Republic of Bangladesh, is a country in South Asia. It is the List of countries and dependencies by population, eighth-most populous country in the world and among the List of countries and dependencies by ...
). He studied at the Mount Hermon School, Darjeeling, and the Calcutta Boys' School. Impressed by one of his argumentative articles on social issues and their solutions, a teacher at Calcutta Boys' School advised him to pursue a career in law. After graduating with history from Presidency College, then affiliated with the
University of Calcutta The University of Calcutta, informally known as Calcutta University (), is a Public university, public State university (India), state university located in Kolkata, Calcutta (Kolkata), West Bengal, India. It has 151 affiliated undergraduate c ...
, he studied law at the
University of Calcutta The University of Calcutta, informally known as Calcutta University (), is a Public university, public State university (India), state university located in Kolkata, Calcutta (Kolkata), West Bengal, India. It has 151 affiliated undergraduate c ...
,
Kolkata Kolkata, also known as Calcutta ( its official name until 2001), is the capital and largest city of the Indian state of West Bengal. It lies on the eastern bank of the Hooghly River, west of the border with Bangladesh. It is the primary ...
. His father, Jehangir Kabir, was a leading Congress politician and trade union leader from
West Bengal West Bengal (; Bengali language, Bengali: , , abbr. WB) is a States and union territories of India, state in the East India, eastern portion of India. It is situated along the Bay of Bengal, along with a population of over 91 million inhabi ...
who served as the Minister in the B. C. Roy and P. C. Sen ministries and also went on to become a minister in the first non-Congress government in
West Bengal West Bengal (; Bengali language, Bengali: , , abbr. WB) is a States and union territories of India, state in the East India, eastern portion of India. It is situated along the Bay of Bengal, along with a population of over 91 million inhabi ...
in 1967, with Ajoy Kumar Mukherjee as the
Chief Minister of West Bengal The chief minister of West Bengal (IAST: Paścim Baṅgēr Mukhya Mantrī) is the '' de facto'' head of the executive branch of the Government of West Bengal, the subnational authority of the Indian state of West Bengal. The chief minister is ...
.


Career

After completing his M.A. and LL.B. from the
University of Calcutta The University of Calcutta, informally known as Calcutta University (), is a Public university, public State university (India), state university located in Kolkata, Calcutta (Kolkata), West Bengal, India. It has 151 affiliated undergraduate c ...
, Kabir was admitted to the bar in 1973, and practiced civil and criminal law in
Kolkata Kolkata, also known as Calcutta ( its official name until 2001), is the capital and largest city of the Indian state of West Bengal. It lies on the eastern bank of the Hooghly River, west of the border with Bangladesh. It is the primary ...
at the district court and the Calcutta High Court,
Kolkata Kolkata, also known as Calcutta ( its official name until 2001), is the capital and largest city of the Indian state of West Bengal. It lies on the eastern bank of the Hooghly River, west of the border with Bangladesh. It is the primary ...
. He was made a permanent judge of the Calcutta High Court on 6 August 1990. Kabir was appointed to the office of acting Chief Justice of Calcutta High Court on 11 January 2005. He became the acting chief justice of the Jharkhand High Court on 3 January 2005, an elevation made permanent on 1 March 2005. He was elevated to the
Supreme Court of India The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
as Justice on 9 September 2005. On 29 September 2012, he became the 39th
Chief Justice of India The chief justice of India (CJI) is the chief judge of the Supreme Court of India and the highest-ranking officer of the Indian judiciary. The Constitution of India grants power to the President of India to appoint, as recommended by the outg ...
. After a tenure of a little over nine months as CJI, he retired on 18 July 2013. Over the course of his Supreme Court tenure, Kabir authored 362 judgments and sat on 698 benches. During his tenure as chief justice, he was the Chancellor of the West Bengal National University of Juridical Sciences, the Chairman of the General Council of the Gujarat National Law University, and the Visitor of the
National Law School of India University The National Law School of India University (NLSIU), commonly referred to as the National Law School (NLS), is a Public university, public State university (India), state law university established under the National Law School of India Act, 19 ...
.


Judgements

During his tenure as a Supreme Court judge, Kabir delivered several critical judgements, particularly regarding human rights and election laws. One of the most important cases he presided over was that of Sandhya Manoj Wankhede, of Amravati district, in 2011. In this case, the Supreme Court bench, composed of Justices Kabir and Cyriac Joseph, ruled that female relatives of a husband can also be booked under the Domestic Violence Act. Kabir also presided over the contempt case against prominent advocate and (now disbanded) Team Anna member Prashant Bhushan after he alleged that half of the most recent 16 CJIs had been corrupt. On 8 May 2012, the Supreme Court bench composed of Altamas Kabir and
Ranjana Desai Ranjana Prakash Desai (born 30 October 1949) is a former judge of the Supreme Court of India and the head of the Delimitation Commission of India. She was previously a public prosecutor for the State of Maharashtra, and served as a judge on the ...
ordered the government to end the Haj subsidy by 2022. On 19 October 2012, Kabir granted bail to journalist Syed Mohammed Ahmed Kazmi, arrested for alleged involvement in an Israeli embassy vehicle blast in which an Israeli diplomat's wife was injured. Pronouncing the order, Kabir said, "We are unable to appreciate the procedure adopted by the Chief Metropolitan Magistrate, which the High Court has endorsed. And we are of the view that the appellant (Kazmi) acquired the right for grant of statutory bail on 17 July 2012, when his custody was held to be illegal by the additional sessions judge."


Controversies


Allegations of nepotism

In 2013, Kabir, then serving as CJI, became embroiled in a controversy involving his sister, lawyer Shukla Kabir Sinha, and Gujarat High Court Chief Justice Bhaskar Bhattacharya. In a letter to the president, the prime minister, and CJI Kabir, Bhattacharya claimed that, as chief justice and head of the Supreme Court collegium, Kabir had blocked Bhattacharya's elevation to the Supreme Court. Bhattacharya alleged that the reason was his opposition to the appointment of Shukla Kabir Sinha to the bench of the Calcutta High Court while he was a member of that court's collegium in 2010. On 18 July 2013, in a judgement that was later set aside, a bench headed by Kabir quashed the National Eligibility and Entrance Test for admissions to medical colleges in India. The judgement was set aside by a constitution bench of the Supreme Court. In July 2013, the Supreme Court collegium stalled Kabir's move to appoint a Supreme Court justice just before his retirement, because a warrant of appointment designating Justice P. Sathasivam as the next chief justice had already been signed, and Kabir's move would have been unprecedented and improper. In 2016, former
Chief Minister A chief minister is an elected or appointed head of government of – in most instances – a sub-national entity, for instance an administrative subdivision or federal constituent entity. Examples include a state (and sometimes a union ter ...
and
Arunachal Pradesh Arunachal Pradesh (; ) is a States and union territories of India, state in northeast India. It was formed from the North-East Frontier Agency (NEFA) region, and India declared it as a state on 20 February 1987. Itanagar is its capital and la ...
politician Kalikho Pul claimed, in a suicide note, that Kabir had passed wrong judgements regarding the public distribution system (PDS) scam in the state.


References


External links


Profile at Supreme Court of India's official website
{{DEFAULTSORT:Kabir, Altamas 1948 births 2017 deaths 20th-century Bengalis 20th-century Indian judges 20th-century Indian lawyers 21st-century Bengalis 21st-century Indian lawyers 21st-century Indian judges Bengali Muslims Chief justices of the Calcutta High Court Chief justices of India Chief justices of the Jharkhand High Court Indian Shia Muslims Judges of the Calcutta High Court Justices of the Supreme Court of India Scholars from Kolkata University of Calcutta alumni