Dipak Misra
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Dipak Misra (born 3 October 1953) is an Indian jurist who served as the 45th
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 ...
from 28 August 2017 till 2 October 2018. He is also former Chief Justice of the
Patna High Court The Patna High Court of Judicature at Patna (commonly known as Patna High Court) is the High Courts of India, High Court of the Indian state, state of Bihar. It was established on 3 February 1916 by British colonial government and was later aff ...
and
Delhi High Court The High Court of Delhi ( Hindustani: दिल्ली उच्च न्यायालय; ''dillī uchcha nyāyālaya'') is the high court in Delhi, India. It was established on 31 October 1966, through the ''Delhi High Court Act, 1966. ...
. He is the nephew of Justice Ranganath Misra, who was the 21st Chief Justice from 1990 to 1991.


Career

Misra enrolled at the Bar on 14 February 1977 and practised at the Orissa High Court and the Service Tribunal. He was first appointed an Additional Judge of the Orissa High Court in 1996. The following year, he was transferred to the Madhya Pradesh High Court, where he was made a Permanent Judge on 19 December 1997. In December 2009, he was appointed Chief Justice of the
Patna High Court The Patna High Court of Judicature at Patna (commonly known as Patna High Court) is the High Courts of India, High Court of the Indian state, state of Bihar. It was established on 3 February 1916 by British colonial government and was later aff ...
, serving until May 2010, when he was appointed Chief Justice of the
Delhi High Court The High Court of Delhi ( Hindustani: दिल्ली उच्च न्यायालय; ''dillī uchcha nyāyālaya'') is the high court in Delhi, India. It was established on 31 October 1966, through the ''Delhi High Court Act, 1966. ...
. He was elevated to the Supreme Court on 10 October 2011. Misra had a tenure of thirteen months as chief justice at the Supreme Court after being appointed the 45th
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 ...
on 28 August 2017 until mandatory retirement at 65 years of age, on 2 October 2018 and was succeeded by
Ranjan Gogoi Ranjan Gogoi (born 18 November 1954) is an Indian retired jurist and advocate who served as the 46th Chief Justice of India from 2018 to 2019. He is currently a Member of Parliament, Rajya Sabha, Member of the Rajya Sabha, having been List of n ...
.


Notable judgements


First Information Report

Misra's judgement in the ''Own Motion vs State'' case, requiring
Delhi Police The Delhi Police (DP) is the law enforcement agency for the National Capital Territory of Delhi. Delhi Police falls under the jurisdiction of the Ministry of Home Affairs, Government of India. In 2024, the sanctioned strength of Delhi Police w ...
to upload First Information Reports (FIR) on their website within 24 hours of the FIRs being lodged. This enables the accused to file appropriate applications before the court for redressal of their grievances.


Reservation in promotion

In a case on Reservation in promotion, Justice Misra and Justice
Dalveer Bhandari Dalveer Bhandari (born 1 October 1947) is an Indian jurist. He is currently one of the judges of the International Court of Justice. He is a former judge of the Supreme Court of India and former chief justice of the Bombay High Court, he was als ...
upheld the
Allahabad High Court Allahabad High Court, officially known as High Court of Judicature at Allahabad, is the high court based in the city of Prayagraj, formerly known as Allahabad, that has jurisdiction over the Indian state of Uttar Pradesh. It was established o ...
judgement that reservation in promotions can be provided ''only if'' there is sufficient data and evidence to justify the need. The bench rejected the Uttar Pradesh government's decision to provide reservation in promotion on the ground that it failed to furnish sufficient valid data.


Yakub Memon's appeal

In an unprecedented overnight hearing at 3:20 am IST on 30 July 2015, a 3 judge bench comprising Dipak Misra, Prafulla Chandra Pant and Amitava Roy rejected 1993 Mumbai serial blasts convict
Yakub Memon Yakub Abdul Razzaq Memon (30 July 1962 – 30 July 2015) was an Indian terrorist over his financial involvements in the 1993 Bombay bombings, and the brother of one of the prime suspects in the bombings, Tiger Memon. After his appeals and petit ...
's appeal to stop his execution which resulted in his hanging at the Nagpur Central Jail a few hours later. Memon's lawyers made a last-minute effort to save him from the noose by rushing to the residence of Chief Justice H. L. Dattu to petition for an urgent hearing, after Memon's mercy pleas were rejected by Governor of Maharashtra C. Vidyasagar Rao and then by President
Pranab Mukherjee Pranab Kumar Mukherjee ( ; born, 11 December 1935 – 31 August 2020) was an Indian statesman who served as the president of India from 2012 until 2017. He was the first person from West Bengal to hold the post of President of India. In a pol ...
. However, the Supreme Court dismissed the case and the three-judge bench refused to stay the execution, stating that Memon had been provided with sufficient opportunities before the court and the executive. The bench further stated, "if we have to stay the death warrant it would be a travesty of justice", adding that "we do not find any merit in the writ petition".


Nirbhaya rape case

A three judge bench led by Justice Misra has upheld the death sentence awarded to the four convicts of the Nirbhaya rape case on 5 May 2017. Justice Misra authored the landmark judgement confirming the death penalty of four convicts in the brutal 2012 Delhi gang rape and murder case which shook the nation and spurred the genesis of a stringent anti-rape law. In his verdict, Justice Misra termed the convicts as those who “found an object for enjoyment in her... for their gross, sadistic and beastly pleasures... for the devilish manner in which they played with her dignity and identity is humanly inconceivable”.


Cauvery river

It was a bench of the Supreme Court headed by Justice Misra that settled the 120 year old dispute over the Cauvery river, also called the Ganga of the South and considered to be the lifeline for Tamil Nadu and Karnataka. The judgement laid down important principles to the effect that rivers are a national resource and not the property of any State and the sharing of waters must be on equitable basis and further placed the requirement of drinking water at the highest pedestal.


Progress in Ayodhya case

The first progress in the Ayodhya dispute occurred during Justice Misra’s tenure when the Bench led by him restricted the dispute only to the title suit and rejected third party interventions. The Bench led by him rejected the plea to refer the ''Ismail Faruqui'' judgement to a Constitution Bench thereby upholding that a mosque was not integral to the Muslim way of worship, which has an important bearing on the dispute.


Section 377 IPC

In a historic unanimous ruling on Section 377 IPC, while presiding over a Constitution Bench, Chief Justice Misra partially struck down Section 377 of IPC citing it to be irrational, indefensible and manifestly arbitrary. Justice Misra observed quoting Goethe : “I am what I am, so take me as I am” and emphasised on the universal concepts of individuality, liberty and dignity of the individual, right to privacy, equality of rights and freedom of expression, and highlighted the constitutional principles of transformative constitutionalism and constitutional morality and the doctrines of progressive realisation and non-retrogression of rights.


Freedom of speech and expression

In Subramanian Swamy v. Union of India, a two judge bench of the Supreme Court of India, which included Misra and Justice Prafulla C Pant, has upheld that
defamation Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
is a criminal offence. Many have seen the verdict as a blow to freedom of speech and expression in India. Herein, the bench concluded that the Right to Reputation is included under Article 21 of the
Indian Constitution The Constitution of India is the supreme legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and ...
. The court also referred to Dr. B. R. Ambedkar's speech to highlight the intention of the drafters to include reasonable restrictions on free speech and expression under Article 19(2), without defining words such as "defamation" and clearly left it for the wisdom of the courts to interpret and apply their meaning. To determine the constitutionality of Section 499 of the
Indian Penal Code The Indian Penal Code (IPC) was the official criminal code of the Republic of India, inherited from British India after independence. It remained in force until it was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) in December 2023 ...
and its exceptions, the bench examined each provision in detail and concluded that the section is not vague. The bench rejected the petitioner's argument about "public good", stating that such interpretation must be made on a case-by-case basis. Ultimately, the court found Section 499 of the Indian Penal Code and Section 199 of the CrPC constitutional, asserting that the judiciary is independent of political influence and responsible for preventing the misuse of the judicial process.


Right to marry by one's choice

While upholding the marriage of Kerala Muslim convert girl Hadiya with Shafin Jahan in the Hadiya court case, he observed that the right to marry a person of one's choice is integral to right to life and liberty and further, choosing a faith is the substratum of individuality and sans it, the right of choice becomes a shadow.


Honour killing

In Shakti Vahini v. Union of India, deprecating honour killing and honour crimes, Justice Misra wrote that honour killing guillotines individual liberty and freedom of choice and that assertion of choice is an insegregable facet of liberty and dignity. He further wrote: “any kind of torture or torment or ill-treatment in the name of honour that tantamount to atrophy of choice of an individual relating to love and marriage by an assembly, whatsoever nomenclature it assumes, is illegal and cannot be allowed a moment of existence”. He also observed, “class honour, howsoever perceived, cannot smother the choice of an individual which he or she is entitled to enjoy under our compassionate Constitution.”


Mob vigilantism and lynching

Justice Misra, in his judgement on mob vigilantism and lynching, condemned the horrendous acts of mobocracy and observed that it cannot be allowed to become the “new normal”. He stated that it has to be curbed with an iron hand and that no citizen can be allowed to take the law into his own hands or become law unto himself and further issued a slew of directions, including preventive, punitive and remedial measures, to deal with the crime.


Defamation and free speech

He had upheld the constitutionality of the criminal defamation as a reasonable restriction on free speech under Article 19 (2) of the Constitution stating that reputation cannot be allowed to be sullied on the anvil of free speech which is not absolute.


Conviction of High Court Judge

He was also part of the Bench of the Supreme Court's seven senior-most judges who convicted then Calcutta High Court judge C. S. Karnan of contempt of court and sentenced him to six months' imprisonment.


National Anthem at cinema halls

He was part of the bench that ordered playing of the National Anthem in the beginning of a film in theatres as mandatory, which requires the audience to stand up when it is played. Later, he modified the order to clarify with regard to differently abled people and further relaxed it while stating that if a cinema chose to play the National Anthem, people would have to stand up as a mark of honour and respect.


Adultery

He was part of the bench that ruled out Section 497 of the
Indian Penal Code The Indian Penal Code (IPC) was the official criminal code of the Republic of India, inherited from British India after independence. It remained in force until it was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) in December 2023 ...
dealing with adultery. On 27 September 2018, Misra read the judgement that adultery will no longer be a criminal offence, but can serve as a reason for other civil issues, such as divorce.


Gender equality

He is hailed as a 'warrior of gender equality' as he led various constitutional benches which passed historic judgements that upheld equal rights for women and the
LGBT LGBTQ people are individuals who are lesbian, gay, bisexual, transgender, queer, or questioning. Many variants of the initialism are used; LGBTQIA+ people incorporates intersex, asexual, aromantic, agender, and other individuals. The gro ...
community, like the scrapping of Section 497 of the Indian Penal Code, legalising homosexuality by partially striking down
Section 377 of the Indian Penal Code Section 377 is a British colonial Penal Code provision that criminalized all sexual acts "against the order of nature". The law was used to prosecute people engaging in oral and anal sex along with homosexual activity. As per a Supreme Court of I ...
and allowing entry for women of menstruating age group into the
Sabarimala The Sabarimala Sree Dharma Sastha Temple () is a Hindu temple dedicated to the god Ayyappan, who is also known as Dharma Shasta and is the son of the deities Shiva and Mohini (female avatar of the god Vishnu). The temple is situated atop th ...
temple in
Kerala Kerala ( , ) is a States and union territories of India, state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile ...
.


Allegations

On 12 January 2018, four senior judges of the Supreme Court; Jasti Chelameswar,
Ranjan Gogoi Ranjan Gogoi (born 18 November 1954) is an Indian retired jurist and advocate who served as the 46th Chief Justice of India from 2018 to 2019. He is currently a Member of Parliament, Rajya Sabha, Member of the Rajya Sabha, having been List of n ...
, Madan Lokur and Kurian Joseph addressed a press conference criticising Misra's style of administration and allocation of cases. However, people close to Misra refuted these allegations. Legal experts like
Soli Sorabjee Soli Jehangir Sorabjee, AM (9 March 193030 April 2021) was an Indian jurist who served as Attorney-General for India from 1989 to 1990, and again from 1998 to 2004. In 2002, he received the Padma Vibhushan for his defence of the freedom of ex ...
and
Ujjwal Nikam Ujjwal Nikam (born 30 March 1953) is an Indian special public prosecutor who has worked on prominent murder and terrorism cases. He helped prosecute suspects in the 1993 Bombay bombings, the Gulshan Kumar murder case, the Pramod Mahajan murde ...
said that this rebellion of the four judges against the Chief Justice of India is going to hurt the judiciary by eroding public faith in it. On 20 April 2018, seven opposition parties submitted a petition seeking impeachment of Misra to the
Vice-President A vice president or vice-president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vi ...
Venkaiah Naidu Muppavarapu Venkaiah Naidu (born 1 July 1949) is an Indian politician who served as the vice president of India from 2017 to 2022. He has also served as the Ministry of Housing and Urban Poverty Alleviation, minister of Housing and Urban Pover ...
, with signatures from seventy-one parliamentarians. On 23 April 2018, the petition was rejected by Venkaiah Naidu, primarily on the basis that the complaints were about the internal administration and not misbehaviour, and that
impeachment Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Eur ...
would seriously interfere with the constitutionally protected
independence of the judiciary Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...
.


Self-plagiarism

On 8 April 2025, The Court of Appeal of Singapore set aside an international arbitration award after finding that over 200 of its 451 paragraphs were copied from two similar Indian awards ''"without regard to material differences in arguments, contracts or context."'' All three awards were overseen by former Chief Justice of India Dipak Misra.


References

{{DEFAULTSORT:Mishra, Dipak 1953 births Living people Justices of the Supreme Court of India Chief justices of the Delhi High Court Chief justices of the Patna High Court Chief justices of India