Shanti Bhushan

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Shanti Bhushan
Minister of Law and Justice
In office
1977–1979
Personal details
Born (1925-11-11) 11 November 1925 (age 95)
Allahabad, United Provinces of Agra and Oudh, British India (present-day Uttar Pradesh, India)
NationalityIndian
ChildrenPrashant Bhushan, Jayant Bhushan, Shalini Gupta, Shefali Bhushan
ResidenceNoida, Uttar Pradesh[1]
Alma materEwing Christian College, Prayagraj, Uttar Pradesh

Shanti Bhushan (born 11 November 1925 in Allahabad, United Provinces) is an Indian politician and lawyer. He served as the Law Minister of India holding office at the Ministry of Law and Justice from 1977 to 1979 in the Morarji Desai Ministry. He is a senior advocate of the Supreme Court of India. He, along with his son Prashant Bhushan, was featured at 74th position in a list of the most powerful Indians published by The Indian Express in 2009.[2]

Political career[]

Bhushan was an active member of the Congress (O) party and later the Janata Party. He was a member of the Rajya Sabha from 14 July 1977 to 2 April 1980 and held office of Union Law Minister in the Morarji Desai ministry from 1977 to 1979. As the Law minister, he introduced Forty-fourth Amendment of the Constitution of India, which repealed many provisions of Forty-second Amendment of the Constitution of India passed by the Indira Gandhi ministry.
He joined the Bhartiya Janata Party in 1980. In 1986, he resigned from BJP after the party acted against his advice over an election petition.[3] He became a founding member of the Aam Aadmi Party after its formal launch on 26 November 2012.

Prominent cases and clients[]

  • Bhushan represented Raj Narain in a case against Indira Gandhi, the then Prime Minister of India. Justice Jagmohan Lal Sinha judged Indira Gandhi guilty and declared her election to the Lok Sabha void.[4] The decision resulted in widespread political protests and ultimately resulted in the declaration of a state of emergency in India.
  • In 1994, he appeared for two of the defendants accused of participating in the 1993 Mumbai bomb blasts case.[5]
  • In 2002, he appeared as a counsel for Arundhati Roy in a contempt case against her in the Supreme Court of India.[6]
  • Bhushan represented Shaukat Hussain in 2008 for an appeal against his 10-year conviction for his role in the 2001 Indian Parliament attack.[7]
  • Bhushan appeared as senior counsel for Transparency International in the Provident Fund scandal case of Ghaziabad, which allegedly involved several judges of the Indian judiciary. The bench abandoned the hearing after deeming his remarks as contemptuous and termed his behavior as that of a street urchin.[8][9]
  • Shanti Bhushan was the counsel for the former Prime Minister of India H. D. Deve Gowda in a petition related to allocation of land for Bangalore - Mysore Infrastructure Corridor.[10]
  • He has represented Rajendra Singh Lodha regarding the assets of Birla Corporation.[11]
  • He represented V.S. Achuthanandan in the Supreme Court in the Idamalayar Dam corruption case against UDF leader R.Balakrishna Pillai and others. The bench awarded rigorous imprisonment for one year with fine of Rs. 10,000/- each to the accused persons.[12]

Activism[]

In the late 1980s Shanti Bhushan was one of the founders of the Centre for Public Interest Litigation, a Non-governmental organization that conducts litigation on matters of public interest. The first president was Justice V. M. Tarkunde, who was also the founder of the People's Union for Civil Liberties. Other founder members were senior advocates including Fali Sam Nariman, Anil Divan, Rajinder Sachar and Colin Gonsalves.[13]

Shanti Bhushan, along with his son Prashant Bhushan has been involved in pressing for accountability in the Indian Judiciary by setting up Campaign for Judicial Accountability and Judicial Reform (CJAR).[14] The campaign has been responsible for action against the judicial misconduct of Yogesh Kumar Sabharwal[15] and for the declaration of assets by the judges.[16] The campaign had also protested against the actions and appointments of Justice S. Ashok Kumar, Madan Mohan Punchhi, Soumitra Sen and Ashwini Kumar Mata.[17][18] In December 2009 the Committee on Judicial Accountability stated that it considered that recommendations for judicial appointments should only be made after a public debate, including review by members of the bar of the affected high courts. This statement was made in relation to controversy about the appointments of justices C. K. Prasad and P. D. Dinakaran. The statement was signed by Ram Jethmalani, Shanti Bhushan, Fali Sam Nariman, Anil B. Divan, Kamini Jaiswal and Prashant Bhushan.[19]

The father-son duo are currently facing charges for contempt of court in Supreme Court of India for their statement about corruption in higher judiciary - specifically, about the corruption of former Chief Justices of the Supreme Court.[20] During a hearing on the running case for contempt of court in November 2010, Shanti Bhushan went on to say, "The question of apology does not arise. I am prepared to go to jail."[21]

In October 2011 his son, Prashant Bhushan, was attacked in his chambers in the Supreme Court for his comments on Azad Kashmir by some activists belonging to the Bhaghat Singh Kranti Sena.[22]

Shanti Bhushan was a prominent member of the core committee of India Against Corruption.[23] The first Lokpal Bill was passed in the 4th Lok Sabha in 1969, but did not pass through the Rajya Sabha.[24] Shanti Bhushan was a member of the Joint Drafting Committee for the Jan Lokpal Bill, constituted by the Government of India, representing the Civil Society.[25]

Works[]

  • Courting Destiny: A Memoir (2008)

See also[]

References[]

  1. ^ Krishnan, Murali. "The Namesake: Shanti Bhushan meets Shanti Bhushan". Bar and Bench - Indian Legal news. Retrieved 17 October 2020.
  2. ^ "The most powerful indians in 2009: 70-74". Indian Express. Retrieved 1 November 2009.
  3. ^ "A witness to history". Sakaal Times. Retrieved 1 November 2009.[dead link]
  4. ^ "Justice with a fine balance". The Hindu. Retrieved 1 November 2009.[permanent dead link]
  5. ^ "Defence plea in India bomb trial rejected". New Straits Times. 17 June 1994. Retrieved 1 November 2009.
  6. ^ "Judgment reserved". Frontline. Chennai, India. Retrieved 1 November 2009.
  7. ^ "Law bends before justice, says Shanti bhushan to the SC in Shaukat Guru appeal". Ind Law News. Archived from the original on 13 July 2011. Retrieved 2009-11-01.
  8. ^ "SC bench abandons hearing on PF scandal". The Hindu. Chennai, India. 7 August 2008. Archived from the original on 12 April 2011. Retrieved 2009-11-01.
  9. ^ "After counsel remark, angry SC judge takes himself off PF case". Indian Express. 8 August 2008. Retrieved 1 November 2009.
  10. ^ "SC agrees to hear Gowda in Bangalore-Mysore expressway". The Times of India. 21 February 2009. Archived from the original on 25 October 2012. Retrieved 6 November 2009.
  11. ^ "Lodha lawyers target witnesses". The Telegraph (Kolkata). Retrieved 6 November 2009.
  12. ^ "V.S. Achuthanandan vs R. Balakrishna Pillai & Ors. on 10 February 2011". . Retrieved 10 February 2011.
  13. ^ "PIL FOR DECLARING NUCLEAR LIABILITY ACT OF 2010 AS UNCONSTITUTIONAL". Elaw. 2011. Archived from the original on 11 May 2015. Retrieved 26 April 2012.
  14. ^ "The House of Bhushan". Tehelka. 6 November 2009. Archived from the original on 5 January 2013. Retrieved 6 November 2009.
  15. ^ "India: Independence of and corruption within the judicial system (2007 - April 2009)". United Nations High Commissioner for Refugees. 23 April 2009. Retrieved 6 November 2009.
  16. ^ "Of accountability to the people". Frontline. Archived from the original on 9 March 2011. Retrieved 6 November 2009.
  17. ^ "Eminent lawyers trade charges over CJ's appointment". Rediff. Retrieved 6 November 2009.
  18. ^ "Judging The Judges". Outlook. Retrieved 6 November 2009.
  19. ^ J. VENKATESAN (20 December 2009). "Promotions should be transparent: judicial accountability panel". The Hindu. Retrieved 30 April 2012.
  20. ^ "Your tainted honour". The Week. Retrieved 22 November 2010.
  21. ^ "Jail me but won't apologise, Shanti Bhushan to SC". Outlook. Archived from the original on 11 July 2012. Retrieved 22 November 2010.
  22. ^ DEVESH K. PANDEY (12 October 2011). "Goons attack Prashant Bhushan in chamber". The Hindu. Retrieved 27 April 2012.
  23. ^ Hindustan Times
  24. ^ http://www.dnaindia.com/india/report-hopeful-jan-lokpal-bill-will-be-passed-anna-hazare-1864911
  25. ^ http://www.ndtv.com/india-news/lokpal-bill-drafting-committee-pranab-chairman-shanti-bhushan-co-chairman-452512

External links[]

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