Experts & Views
Better late than never,although i am a bit late in writing this article but it is highly important to mention these facts about this prestigious institution.
Recently, the Patna High Court completed its centenary year.Since it's inception in 1916,it has touched many milestone in the dissemination of landmark verdicts by distinguished judges.We will remember some great legal minds and series of landmark judgements for last 100 years.
The Patna High court has produced some of the great legal minds for India,who are remembered till date for their acumen.Starting from the 1st president of india Dr. Rajendra Prasad,who was the member of the bar at the High court.Dr.Sachchidanand Sinha,another eminent personality who was also the member of Drafting Commitee.Some other names like P.R. Das,Pt. Laxmikant Jha,Maulana Mazarhul Haq.First and last time in the Indian History that a lawyer was directly appointed as the CJ of a high court,it was Pt. L.K. Jha(advocate general),who was directly appointed CJ of Patna High Court.
The Patna High court has given gateways to many important constitutional ammendments.The first constitutional ammendment i.e ammendment related to land revenue act was made on the basis of the judgements of the patna High Court in the case of Maharaja Kameshwar Singh versus Union Of India.In the early 1950’s,it was the first time that the sajjan singh’s case and shankari prasad’s case verdict on fundamental rights was given i.e. fundamental rights(article 13-21) cant be ammended and its the basic structure of the indian constitution.Later on these two cases became the base of the judegement of the famous Keshawanand Bharti and Minerva Mills cases.
The Patna High Court also produced some of the finest judges of India who in due course of time became famous by their landmark judgements.Here is the list of some of the famous judge produced by this court.Justice S.K.Jha(former CJ of the Patna and M.P high courts) presided in the case of Sunderlal Patwa versus state of MP and declare the presidential rule as invalid and quoted that presidential rule is applicable for the judicial review,and it was the first time in the indian history that president’s order was challenged.This case verdict later on became the base of S.R Bommai versus Union of India case.Justice P.S. Mishra(ex-CJ of Calcutta and andhra pradesh High Court) another product of Patna High Court opened the case of Netaji Subhash Chandra Bose case and directed the then Vajpayee’s Government to initiate the enquiry work and the controversial case of Netaji came into limelight.Justice R.m lodha(ex-CJI and ex-CJ of Patna High Court) found irregularities in the IPL case.There are many other legal minds.
On the foundation ceremony of Patna High Court in 1916,the then CJ Chamier didn't invite the then Governor General lord Hardinge thereby emphasizing the fact of independent judiciary.So when the functioning of the court began in March 1916, Sir Edward Chamier refused to invite the then Bihar Lieutenant Governor Sir Edward Gait.
Justice Chamier did not involve anyone other than the six officiating judges in the opening ceremony of the high court. He was of the fierce opinion about the autonomy of the judiciary.Sir Ali Imam's son Jafar Imam became a judge and was later the Chief Justice of Patna High Court from 1953-55. Known for his integrity and impartiality, an incident when Jafar Imam's son Akbar stood up as a counsel in his father's court."Mr Akbar Imam, this is not your father's Court. It is the court of Mr Justice Jafar Imam," this emphasizes high moral ethics epitomised by this court and its judicial officials.Similar incident happened in 1980 when in the courtroom of Justice S.K.Jha, the clients hired his advocate son Shailendra Kumar Jha for a case which was not even listed for hearing,and when the lawyer shailendra kumar Jha found that he is being abused for a invalid case which was not being heard by the court and that also in the court of his father judge,he refused withdrew himself from the argument. And this matter when appeared for hearing in the supreme court in front of Justice chandrachud(ex-CJI),he praised and highlighted this action of the lawyer,which is also a statutory rule of the Advocates’ act 1961.
"Such was and still are the hallmarks of this illustrious Court.This court born during the world war period has faced many upheavals and stood as sentinel to the freedom struggle, faced the turbulent emergency era.
The Patna high court is the fifth oldest high court in India,after the presidency Bombay,Calcutta,Madras,Allahabad to complete its centenary.Despite this fact it is gaining more exalted status day- by-day.
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