Justice AS Bopanna: Notable Judgments

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Justice Ajjikuttira Somaiah Bopanna bid farewell to the Supreme Court on May 17, 2024, his last working day at the top court. He served as a judge at the Supreme Court for a tenure of almost 5 years making May 19, 2024 (Sunday), the date of retirement. On May 17 (Friday), a ceremonial bench was organized by the top Court in honor of Justice AS Bopanna. While praising Justice Bopanna, Chief Justice of India DY Chandrachud said, “In my view, Justice Bopanna is akin to Rahul Dravid – our very own Mr. Dependable of the Supreme Court. In my interactions with him, both on the bench and outside, I have been awestruck at his ability to maintain a balance between objectivity and empathy.” 

Speaking at the farewell function, Justice Bopanna advised the lawyers to “Carry a heart that never hates, carry a smile that never faints, carry a touch that never hurts.” He also said that his journey as a Supreme Court judge was like learning new experiences every day. During his tenure of 5 years, Justice Bopanna played a crucial role, either by being a member of the bench in a case or authoring a judgment, in delivering various notable judgments. Before delving into certain remarkable cases where Justice AS Bopanna has been an important member of the bench, let us know about his career.  

Justice AS Bopanna started his legal career as an Advocate on November 11, 1984, and practices in Civil, Constitutional, company, Labor, and Services cases in the Karnataka High Court, and the Civil and Labor Courts. From 1999 to 2005, he worked as a legal advisor to Central Public Sector Undertakings and Additional Central Government Standing Counsel. On January 06, 2006, Justice Bopanna was appointed as an Additional judge of the Karnataka High Court and became a permanent judge in March 2007. 

His unwavering commitment to justice did not end there as he was elevated on October 29, 2018, as Chief Justice of Gauhati High Court. Further, on May 24, 2019, he was elevated as a judge of the Supreme Court. In 2019, he was awarded as the ‘Coorg Person of the Years, 2019’. During his tenure with the top Court, he authored 91 judgments and was a part of approximately 518 benches. His journey from an Additional judge of Karnataka High Court to Chief Justice of Gauhati High Court to Judge of the Supreme Court enlightened jurisprudence and marked a chapter of impactful rulings. Let us explore some of the important rulings where Justice AS Bopanna was a part of the Supreme Court Bench.

Notable Judgments

Assault by Kirpan

Judgment Name: Sahib Singh vs. State of Punjab (July 31, 2019)

The Supreme Court bench of Justice AS Bopanna and Justice R. Banumathi refused to interfere with the decision of the Trial Court and the High Court and affirmed the conviction of the appellant-accused (Sahib Singh). In this case, the deceased-Harbans Singh was attacked by the accused. This act was witnessed by Jagir Singh and Bachan Singh, eyewitnesses. After hearing the matter, the SC bench held that “while the presence of the appellant, possession of kirpan and overt act is established through the evidence of the eye-witnesses who were also injured, we are satisfied that the Trial Court as well as the High Court having taken note of the evidence has appropriately arrived at their conclusion and, therefore, we see no reason to interfere with the conclusion reached through the impugned judgment.”

TATA-Mistry Case

Judgment Name: Tata Consultancy Services Limited vs. Cyrus Investments Pvt. Ltd. and Ors. (March 26, 2021)

The verdict in this case upheld the removal of Cyrus Mistry as Chairman by the TATA Sons and answered all the questions addressed within the judgment in favor of TATA. The bench constituting then CJI SA Bobde, Justice AS Bopanna, and Justice V. Ramasubramanian said that “the relief of reinstatement granted by the Tribunal, was too big a pill even for the complainant companies to swallow.”

Demonetization

Judgment Name: Vivek Narayan Sharma vs. Union of India (January 02, 2023)

In this case, the Constitution bench consisting of Justice S. Abdul Nazeer, Justice B.R. Gavai, Justice A.S. Bopanna, Justice BV Nagarathna, and Justice V. Ramasubramanian held that the Central Government has the power or authority to notify any series of bank notes of any denomination. The decision was delivered with a majority ratio of 4:1, with Justice Nagarathna being the lone dissenter. 

MP’s/MLA’s claim on Immunity from Prosecution for taking Bribes

Judgment Name: Sita Soren vs. Union of India (March 04, 2024)

The seven-judge bench of the top court said that MPs and MLAs cannot claim immunity under Article 105(2) and Article 194(2) of the Indian Constitution for receiving bribes in contemplation of a vote or speech in the legislature. The bench constituting Chief Justice of India DY Chandrachud, Justice A.S. Bopanna, Justice M.M. Sundresh, Justice Pamidighantam Sri Narasimha, Justice J.B. Pardiwala, Justice Sanjay Kumar, and Justice Manoj Misra also overturned the decision of the five-judge bench of SC in the P.V. Narasimha Rao judgment. 

Apart from these judgments, Justice AS Bopanna was also a member of the SC bench in the Neil Aurelio Nunes and Ors. Neil Aurelio Nunes and Ors. vs. Union of India and Ors. (January 20, 2022), Kaushal Kishor vs. State of Uttar Pradesh (January 03, 2023), Aureliano Fernandes vs. State of Goa and Others (May 12, 2023) and others. Throughout the tenure, he exemplified the highest standards of judicial excellence. His judgments have upheld the principles of justice and equity and left an indelible mark on India’s jurisprudence.