Justice Jagmohanlal Sinha

HON'BLE MR. JAGMOHAN LAL SINHA
Graduated in Law. Born on 12th May, 1920. Educated at Government High School, Aligarh, Bareilly College, Bareilly, Meerut College, Meerut. Practised as a pleader at Bareilly from 1943 to 1955 and thereafter worked as District Govt. Counsel (Criminal) Bareilly till 3.6.1957. Worked as Civil & Sessions Judge. Additional District Judge, District & Sessions Judge Joint Secy., Law Deptt., U.P. Govt. Appointed as an Additional Judge of the Allahabad High Court with effect from 3rd January, 1970. Appointed Permanent Judge on 25.8.1972. He is best known for his 1975 ruling in State of Uttar Pradesh v. Raj Narain case in which he invalidated the election of Prime Minister Indira Gandhi. He said that even though her violations were relatively minor, Indira Gandhi was guilty of corrupt practices in her election to the Lok Sabha in 1971, and the law allowed for only one punishment-declaring her unseated. The Times of India described it as "firing the Prime Minister for a traffic ticket." The political upheavals that had followed his decision resulted in Indira Gandhi declaring Emergency across the country on the grounds of "internal disturbance".

Raj Narain case:
Jagmohanlal Sinha presided on the election petition filed by petitioner Raj Narain against Indira Gandhi, the Prime Minister of India, in 1971. The petition challenged her election to the Lok Sabha in 1971 from the Rae Bareli parliamentary constituency in UP, from where he had also contested. The case concluded on 23 May 1975 but the judgement was pronounced on 12 June 1975. On 12 June 1975, Sinha read only the operative part of his judgement. Indira Gandhi was declared guilty of corrupt practices and her election to the Lok Sabha was declared null and void. She was charged under Section 123(7) of the Representation of the People Act. She was also disqualified from contesting elections for six years. Within 13 days of the judgement, Indira Gandhi imposed Emergency on the nation. The ruling became the primary reason for the imposition of the emergency. Subsequently Indira Gandhi used the opportunity to change the law which allowed her to rule by decree. She suspended freedom and liberties and brought Indian democracy to a halt. Consequently, in March 1977, Indira Gandhi and her Congress party had to face a defeat and Congress was routed in the elections. This ended the uninterrupted rule of Congress over India.

Justice Jagmohan Lal Sinha was an upright and courageous Judge and he represented a precious legal culture which was fading away, dying, even as he spoke. The Judge’s courage was applauded. The culture and the values he represented remain neglected the atmosphere in which he functioned and the tragic aftermath of the decline of the Indian judiciary, the end of which is not in sight. This neglect is not all. His judgment was belittled. The offences Indira Gandhi committed were characterised as “technical” and “trivial”.

In his judgment, analysis of the law and the evidence was rigorous; the language was dignified and restrained; the fairness and the balance were conspicuous and there was not a trace of the florid rhetoric that is a prominent feature of very many judgments of now: no quotes from Tagore or Gandhi, no sermons and not a word about the tensions to which he was subjected. No claims to judicial heroism, either.

Shanti Bhushan, counsel for the petitioner Raj Narain, revealed an incident while the case was being heard, the Chief Justice, D.S. Mathur, visited Justice Sinha. He was related to the Prime Minister’s physician. Mathur told Justice Sinha that “Sinha’s name had been considered for the Supreme Court and as soon as the judgment had been delivered, he would get appointed to the Supreme Court. Of course, Justice Sinha maintained a discreet silence.” He also declined the offer Shanti Bhushan made, as Law Minister in 1977, to transfer him to the Himachal Pradesh High Court “so that he could get elevated as Chief Justice when a vacancy arose”. He did not project himself or preen about, nor did he lap up lucrative arbitrations.

Likewise, Justice V.R. Krishna Iyer, then vacation Judge of the Supreme Court, revealed how Law Minister H.R. Gokhale telephoned him seeking an interview. “Why do you want to meet me, Mr. Gokhale?” he asked. The visit was not necessary. The appeal and petition for stay could be presented to the Court’s Registrar. On June 24, 1975, Justice Krishna Iyer granted a conditional stay of the order on the usual terms. Indira Gandhi could not vote or participate in the proceedings as a Member of Parliament but could sign the Register of Attendance to save the seat. She could participate in the proceedings as Prime Minister, but without a vote. “There will be no legal embargo on her holding the office of Prime Minister,” Justice Krishna Iyer pointedly added. The very next day, in the dead of night, Indira Gandhi imposed Emergency, imprisoned leaders of the Opposition and imposed press censorship.

Justice Sinha, heir to the older tradition – dispensing justice according to the law, not personal whim or political “philosophy”, and dispensing it in judicial language. He retired to lead a quiet life but spoke up once in an interview to censure those who had profited politically by his judgment: “Posterity will not excuse the perpetrators of the Emergency. But what about succeeding regimes? Violations of fundamental rights to life and liberty continue on large scale."

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