Justice Malhotra said in an emotional address that she was “leaving the court with a feeling of fullness”.
Justice Indu Malhotra, the first woman judge to be appointed to the Supreme Court Bench directly from the Bar, completed her last working day, virtually on Friday, Chief Justice of India (CJI) Sharad A. Heard the cases with Bobde.
Justice Malhotra said in an emotional address that she was “leaving the court with a feeling of fullness”.
Justice Malhotra along with Chief Justice Bobde and Justice AS Bopanna said that he is grateful for the opportunity which enabled him to contribute to the jurisdiction of the Supreme Court.
Justice Malhotra is reputed to have a different view in the Sabarimala judgment. He said that the ban on entry of women of some age into the temple was in vogue for a period of time and was qualified to be an “essential practice”. He cautioned judges against applying their personal views, morals or rationality as worshiping a deity.
Justice Malhotra was later made part of a three-member committee headed by Justice Bobde, which investigated sexual harassment allegations leveled against CJI Ranjan Gogoi by a top court employee.
Justice Malhotra’s tenure on the bench was a little less than two years. He took charge on April 27, 2018.
A Good Judge: CJI
Chief Justice Bobde said that he did not see a better judge than Justice Malhotra.
A few days ago, Justice DY Chandrachud, with whom he shared the bench, called him an “icon”.
Attorney General KK Venugopal said that Justice Malhotra’s retirement has come very fast.
Senior advocate Vikas Singh, president of the Supreme Court Bar Association, said that the court needs more women judges.
It was a collegium headed by Chief Justice (retd.) Deepak Mishra, who in January 2018 recommended senior advocate Malhotra as a judge of the Supreme Court.
Justice Malhotra was chosen in rare recognition of his professional talent and contribution to law.
Justice Malhotra was the eighth lawyer to be appointed directly to the Supreme Court bench and only the seventh woman judge in the history of the court.
Justice M. Fatima Biwi was the first woman Supreme Court judge to be appointed in 1950, 39 years after the court was established. The second woman judge, Justice Sujatha V. Manohar was appointed in 1994 for a five-year term. The other five justices Ruma Pal, Gyan Sudha Mishra, Ranjana Prakash Desai (who were part of the bench that confirmed the death sentence to 26/11 Mumbai attacks convict Ajmal Kasab) and R. Banapati was one of the judges. Who confirmed the death penalty for the four convicts in the Nirbhaya gang rape appeal.
Justice Indira Banerjee is now the only woman judge in the apex court. With Justice Malhotra retired, the number of judges in the court will come down to 29. The accepted number is 34.
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