|Hon'ble Chief Justice|
Dipak Misra during his inaguration at the Rashtrapati Bhavan in New Delhi.
|45th Chief Justice of India|
Assumed office |
28 August 2017
|Appointed by||Ram Nath Kovind|
|Preceded by||Jagdish Singh Khehar|
|Justice of the Supreme Court of India|
10 October 2011 – 27 August 2017
|Appointed by||Pratibha Patil|
|Chief Justice of the High Court of Delhi|
24 May 2010 – 10 October 2011
|Preceded by||Ajit Prakash Shah|
|Succeeded by||D. Murugesan|
|Chief Justice of the High Court of Patna|
1 December 2009 – 23 May 2010
|Preceded by||Prafulla Kumar Mishra|
|Succeeded by||Rekha Manharlal Doshit|
|Born||3 October 1953|
|Relatives||Ranganath Misra (uncle)|
|Alma mater||Madhusudan Law College, Cuttack|
Justice Dipak Misra (born 3 October 1953) is the 45th Chief Justice of India, succeeding the 44th Chief Justice, J. S. Khehar. He is a judge of the Supreme Court of India and a former Chief Justice of the Patna and Delhi High Courts. He is the nephew of Justice Ranganath Misra, who was the 21st Chief Justice during 1990-91.
Justice Misra enrolled at the Bar on 14 February 1977 and practiced at the Orissa High Court and the Service Tribunal.[where?] He was first appointed as 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, serving until May 2010, when he was appointed Chief Justice of the Delhi High Court. He was elevated to the Supreme Court on 10 October 2011.
Justice Misra has a tenure of almost fourteen months at the Supreme Court and has been appointed the 45th Chief Justice of India from 28 August 2017 until mandatory retirement at 65 years of age, on 2 October 2018. Justice Misra will be serving as the Chief Justice for a term of 13 months and will retire on 2 October 2018.
Justice Misra's judgment in the Own Motion vs State case, requiring Delhi Police 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.
In a case on Reservation in promotion, Justice Misra and Justice Dalveer Bhandari upheld the Allahabad High Court 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.
Justice Misra led the bench which rejected the 1993 Mumbai serial blasts convict Yakub Memon's appeal to stop his execution. He then received a death threat in writing, an anonymous letter which says "irrespective of the protection you may avail, we will eliminate you." 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 said: "if we have to stay the death warrant it would be a travesty of justice. We do not find any merit in the writ petition". Few hours later, Memon was hanged.
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”.
He had upheld constitutionality of criminal defamation. 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.
Justice Mishra 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.
On 12 January 2018, four senior judges of the Supreme Court; Jasti Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph addressed a press conference criticizing Misra's style of administration and about the allocation of cases. However, people close to Misra refuted these allegations. On 20 April 2018, seven opposition parties submitted a petition seeking impeachment of Dipak Misra to the Vice President Venkaiah Naidu, with signatures from seventy-one parliamentarians. On 23 April 2018, the petition was rejected by Vice President Venkaiah Naidu, primarily on the basis that the complaints were about administration and not misbehaviour, and that thus impeachment would seriously interfere with the constitutionally protected independence of the judiciary.
Jagdish Singh Khehar
| Chief Justice of India
28 August 2017 - Present