MUMBAI: The Bombay excessive court docket’s senior-most choose resigned on Friday, making it solely the second such resignation from any HC within the nation in twenty years. Justice Satyaranjan C Dharmadhikari, whose resignation is efficient from Saturday, stated that his motion was on “purely private” grounds and that he wished to proceed residing in Maharashtra for his household’s sake.
A Bombay HC choose for over 16 years, he had since October been thought-about for elevation because the chief justice (CJ) of one other excessive court docket.
The choices given to him, reportedly, had been the Madhya Pradesh, Madras, Jharkhand and Orissa excessive courts. After he reportedly turned them down, chief justices had been appointed to the primary three HCs, and in addition the Meghalaya HC (not an choice given to Justice Dharmadhikari) in November. On the Orissa HC, Justice Kumari Sanju Panda was appointed appearing chief justice on January 5.
“Whenever you go to a different state, it takes time to get acquainted with the working tradition there and the folks,” Justice Dharmadhikari stated after his resignation. “There may be additionally plenty of administrative work that must be accomplished as a choose, which takes time.”
He stated he could be “related and dedicated to regulation and maybe get into arbitration” and proceed to stay in Mumbai.
The earlier resignation of an HC choose was in September. Madras HC CJ V Okay Tahilramani resigned after the Supreme Courtroom collegium declined her request to rethink a switch to the Meghalaya HC as its CJ.
Justice Dharmadhikari’s continuation would have led to an ungainly state of affairs in Bombay HC after the retirement of Chief Justice Pradeep Nandrajog (due on February 23). Among the many nation’s HC judges who’re non-CJs, he’s the senior-most, implying that any choose to be appointed because the Bombay HC’s CJ could be junior to him. Justice Dharmadhikari can’t be made the Bombay HC’s CJ as no choose can turn into the CJ of the identical HC count on if their remaining tenure is underneath six months. For instance, Justice Naresh Patil, who retired in April 2019, was appointed CJ of the Bombay HC on October 29, 2018.
Justice Dharmadhikari’s resignation took attorneys unexpectedly. His final sitting was on his common bench with Justice Riyaz Chagla, earlier than lunch. He was being persuaded to go away Maharashtra since Justice V Okay Tahilramani left the Madras HC. “I needed to take a name,” he stated, in a “brief span”. “My elders used to say, ‘pay attention when your loved ones talks and pay attention when your physique talks’.” Did his household, together with his spouse, ask him to not go to every other HC? To the query, the choose smiled and stated, “No, no”.
An advocate since 1983, he was appointed a choose of the Bombay HC in 2003, the identical 12 months his father, the late Choose C S Dharmadhikari, was awarded a Padma Bhushan. His cousin, Justice B P Dharmadhikari, is the second senior-most choose on the Bombay HC proper now.
Justice Satyaranjan C Dharmadhikari was born in 1960 to a household of attorneys. He studied regulation after BCom. His son, who has simply completed his BCom, is planning to observe in his father’s footsteps and thus is making ready for the Maharashtra state regulation entrance check.
After resigning, the choose praised the Bombay HC. “It ought to proceed to face up for rights of those that really feel they’ve suffered an injustice,” he stated. “Dependency on judiciary is on the rise as folks have stopped asking questions. With authorities as one of many largest litigants, there are various challenges earlier than the judiciary,” he stated.
His father, he stated, if alive, would have stood by no matter resolution he took. “He might have stated, ‘go, don’t fear… I will probably be right here’.”