Rehan Khan
Justice Ranjana Prakash Desai is one of the most revered figures in Indian judicial history, known for her pragmatic approach, landmark judgments, and contributions to constitutional, criminal and corporate law. Serving as a Supreme Court judge from 2011 to 2014, Justice Desai carved a niche for herself with her focus on protecting individual rights, ensuring transparency in governance, and delivering justice in cases involving complex legal principles. Her career reflects an unwavering dedication to the values enshrined in the Indian Constitution.
Early Life and Education
Born on October 30, 1949, in Mumbai, Maharashtra, Justice Ranjana Desai’s early education was shaped by a family that deeply respected education and the law. She completed her schooling from Convent of Jesus and Mary, Mumbai, before pursuing her law degree from Government Law College, Mumbai. With a strong legal foundation, she quickly established herself in the legal community, gaining recognition for her work in criminal law, constitutional law, and corporate disputes.
Judicial Career
Justice Desai’s legal career began with her enrollment as an Advocate in 1973. Over the years, she built a formidable reputation for handling cases across criminal and constitutional law, and her elevation as a Judge of the Bombay High Court in 1996 marked the beginning of a judicial career that would leave a lasting impact. Her time at the Bombay High Court was noted for her deep understanding of criminal jurisprudence and her meticulous judgments on both civil and criminal matters.
In 2011, Justice Desai was elevated to the Supreme Court of India, where her expertise in dealing with intricate legal issues earned her great respect. Throughout her tenure, she delivered several landmark judgments, ensuring that the principles of justice, fairness, and equality remained at the forefront.
Landmark Judgments
- Ajmal Kasab Case (2012)
One of the most prominent cases in which Justice Desai played a critical role was the Mohammed Ajmal Amir Kasab vs State of Maharashtra (Cr. Appeal Nos.1899-1900 Of 2011), related to the 26/11 Mumbai terror attacks. As part of the Bench that confirmed the death sentence of Kasab, Justice Desai’s decision reflected a careful consideration of the evidence and legal precedents, affirming that the nature of the crime demanded the severest punishment. Her judgment emphasized the need for justice for victims of terrorism while upholding the due process of law, serving as a defining moment in India’s battle against terrorism. - Sahara-SEBI case (2012)
Justice Desai’s involvement in Sahara India Real Estate Corporation Ltd. v. SEBI (AIR 2012 SC 3829) is another landmark in corporate law. The Supreme Court directed the Sahara Group to refund over ₹24,000 crore to its investors after irregularities were found in raising funds. The judgment, penned by Justice Desai, underscored the importance of regulatory oversight in financial transactions and the protection of investor rights. This case strengthened corporate governance in India, setting a precedent for accountability and transparency in financial dealings. - Right to Information and Judiciary (2013)
In a crucial case involving the Right to Information Act, Justice Desai was part of the Bench that ruled the office of the Chief Justice of India falls under the purview of RTI. The judgment opened the judiciary to greater transparency, ensuring that citizens could hold public officials, including the judiciary, accountable. Justice Desai’s approach reflected a progressive view on the need for openness in governance while balancing the need for judicial independence. - Mumbai Dance Bars Case (2013)
In State of Maharashtra vs. Indian Hotel & Restaurant Association(W.P (C) NO. 576 OF 2016), Justice Desai was a key voice in striking down the ban on dance bars in Maharashtra. The judgment held that banning dance bars was unconstitutional as it violated fundamental rights, including the right to livelihood and equal protection of the law. Justice Desai highlighted that morality cannot be a basis for restricting individual freedoms, particularly when it affects the livelihood of marginalized women, and that the law must protect all citizens, irrespective of their profession. - Clemency Powers and Death Penalty (2014)
Justice Desai was part of the bench in Shatrughan Chauhan v. Union of India(2014 AIR SCW 793), where the court ruled that excessive delays in deciding mercy petitions could be grounds for commuting death sentences to life imprisonment. This landmark judgment upheld the principle of human dignity, acknowledging that prolonged periods on death row amounted to cruel and inhumane treatment. Justice Desai’s decision reflected her humanitarian approach to the law, emphasizing that even the harshest punishments must be administered fairly and justly. - Medical Termination of Pregnancy (2013)
In a notable case involving a mentally challenged rape survivor, Justice Desai ruled in favor of allowing the termination of the pregnancy despite the statutory limit of 20 weeks. The court recognized that forcing the survivor to carry the pregnancy to term would cause her irreparable harm. Justice Desai’s decision reflected her deep empathy and understanding of women’s rights, especially in sensitive situations involving bodily autonomy and mental health.
Advocacy for Judicial Transparency and Accountability
Post-retirement, Justice Desai has continued to contribute to the legal community, particularly as the Chairperson of the Delimitation Commission of India. Tasked with redefining constituencies in Jammu and Kashmir after the abrogation of Article 370, her role in ensuring fairness and constitutional compliance in the process of electoral representation was widely praised.
Her work on judicial transparency has also been significant. Justice Desai has been an advocate for increasing accountability within the judiciary, emphasizing the need for reforms that allow for a more transparent and open process, especially in the appointment of judges to higher courts.
Legacy
Justice Ranjana Desai’s legacy in the Indian legal system is marked by her unflinching commitment to justice, constitutional values, and human rights. Her landmark judgments have left a profound impact on Indian jurisprudence, particularly in areas of criminal law, corporate governance, and individual rights. She remains a role model for women in the legal profession and continues to inspire new generations of lawyers and judges with her intellect, integrity, and dedication to justice.
Her post-retirement work and advocacy for judicial reforms further solidify her place as one of the most influential figures in Indian legal history. Justice Desai’s career is a testament to her relentless pursuit of justice, making her an enduring symbol of judicial independence and fairness.