“Independence of the judiciary is not just a legal principle but a fundamental pillar of a vibrant democracy. The Indian judiciary has shown remarkable resilience and determination in maintaining its independence and integrity and discharging its constitutional duties.”
These most invaluable words came from none other than one of the most eminent, learned and senior Supreme Court Judge – Justice Hima Kohli who just retired very recently on 01-09-2024. With her retirement, we see that the Apex Court is now left with only two women Judges. It also must be noted that with her hanging boots, the Supreme Court’s sitting strength is now at 33 Judges with one vacancy. She had a very distinguished legal career with many feathers to her cap before she finally bid adieu to the most illustrious journey of her as a Judge of the Supreme Court. Even in her brief term of about 3 years in the Apex Court, she definitely has made it most memorable by virtue of her well drafted and so also most sagacious judgments as acknowledged widely in the legal fraternity and so also the layman.
It must be mentioned here that Justice Hima Kohli who was born on 02-09-1959 spent her life mostly in Delhi. She did her schooling from reputed St Thomas School and then did her graduation in History (Hons) from esteemed St Stephens College at University of Delhi in 1979 and then later Masters also. She then further completed her degree in Law in 1984 from the Campus Law Centre, University of Delhi.
While going into the nitty gritty, I must reveal here that initially she was more disposed for Civil Services and decided to give a chance for UPSC as her father was very much interested and had a strong disposition of her entering the civil services. Very few people know that the only reason that she decided to do LLB was to obtain a library card which she thought would come in handy and prove fruitful to her while studying for the Civil Services exams as she would get access to lot of books on polity and other books which are useful for competitive exams. But she after some time then finally decided to pursue her career as a lawyer.
While beginning her professional life, she then enrolled as an advocate in the Bar Council of Delhi in 1984 and started her regular practice from the Courts in Delhi with very leading lawyers. She in her initial phase decided to join the chambers of Mrs Sunanda Bhandare who had a very flourishing practice and she was also later elevated to the position of a Judge of the Delhi High Court and she was youngest female Judge of the Delhi High Court. It must be disclosed here that on the recommendation of Justice Mrs Sunanda Bhandare, she then later joined the chamber of Yogesh Kumar Sabharwal who too first became High Court Judge and then went on to become Supreme Court Judge and ultimately the 36th Chief Justice of India.
Not stopping here, she then worked at the Chambers of Vijendra Jain honing her talent further till he himself was elevated as a Judge of the Delhi High Court in 1992 and then later became Chief Justice of Punjab and Haryana High Court. She then finally decided to continue her practice independently and excelled here too. It is a no-brainer that she gained immensely by working with eminent legal luminaries which I have just mentioned which definitely went to a large extent in helping and so also shaping her hugely to become an expert professional.
It must be borne in mind that she was appointed as Standing Counsel for the New Delhi Municipal Council at the Delhi High Court in 1999. We must also bear in mind that she retained this prestigious position of Standing Counsel until she was then appointed as an Additional Standing Counsel Civil for the Government of NCT of Delhi in 2004. It also cannot be glossed over that she was also the Legal Advisor to various government and private corporations also including the Delhi Pollution Control Committee, the National Agricultural Co-operative Marketing Federation of India and the National Co-operative Development Corporation. She also had provided legal aid services with the Delhi High Court Legal Services Committee.
It must be noted that she was elevated as a Judge of the Delhi High Court in 2006. It was on 29-05-2006 that she was appointed as an Additional Judge in the Delhi High Court. She was later on 29-08-2007 made a Permanent Judge. It merits mentioning here that while donning her hat and serving as a Judge of the Delhi High Court, she played a stellar role in writing various landmark judgments and rulings which includes protecting the identity of the juveniles who were accused of crimes, calling for inquiries into the detention of prisoners who had already been granted bail and provision of facilities to enable visually challenged people to study in government educational institutions and many other judgments also.
We then witnessed how fifteen years later, she then bid adieu to the Delhi High Court and got elevated to become the first woman Chief Justice of the High Court of Telangana. She then in August 2021 was recommended for elevation to the Supreme Court as Judge and was appointed as Supreme Court Judge on August 31, 2021.
By the way, she herself authored about 40 judgments and she also was part of Benches of Apex Court that delivered judgments in 208 cases. Let us discuss briefly some of the most notable judgments that she authored. They are as follows:-
1. Inadequate implementation of POSH Act – In the brilliant judgment titled Aureliano Fernandes vs State of Goa and Others, we saw how the Apex Court too very strong exception to the unpalatable fact that even a decade after the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (POSH Act), there still remained very glaring and serious lapses in its effective enforcement. We need to note that Justice Hima Kohli who had authored this extremely commendable decision had underscored in no uncertain terms that all state functionaries, public authorities, private undertakings, organizations and institutions are duty bound to implement the POSH Act in letter and spirit.
2. Refusal to recognize right of same-sex couples to enter into marriage or civil union – In this learned judgment, we witnessed that how while taking a very high moral stand, the five-Judge Constitution Bench unanimously refused to recognize the right of same-sex couples to enter into marriages. We also saw that three Judges out of the five also plainly refused to recognize the right of same-sex couples to have civil unions. It must be also mentioned that the majority which also included Justice Hima Kohli held clearly that the Court could not compel the State to create social or legal status around marriage. It also upheld the constitutionality of the Special Marriage Act, 1954 by stating that the Act’s ‘sole intention’ was to facilitate interfaith marriages, not non-heterosexual unions.
3. Implementing ban on most reprehensible two-finger test – In the landmark judgment of State of Jharkhand vs Shailendra Kumar Rai, the Apex Court had mandated that persons conducting the outdated ‘two-finger test’ on rape victims will be held guilty of misconduct. While displaying the most pragmatic and progressive approach, the Bench also comprising of Justice Hima Kohli was very critical of the irrefutable fact that this test is still conducted even despite court rulings which prohibited the same.
4. Ordering courts not to mention caste, religion of litigants in case papers – In a most laudable judgment titled Shama Sharma vs Kishan Kumar, the Apex Court passed a general order directing its Registry, all High Courts and the subordinate courts to stop the practice of mentioning the caste or religion of litigants in case papers. It must be also mentioned here that Justice Kohli who was heading this Bench of Apex Court observed unequivocally stating that the practice should be shunned and stopped immediately.
5. Taking cognizance of Lakhimpur Kheri violence – The Apex Court in this leading judgment titled In Re-Violence in Lakhimpur Kheri (UP) Leading To Loss Of Life – In this high profile case, the Bench of Apex Court also comprising of Justice Hima Kohli most commendably took suo motu cognizance of the Lakhimpur Kheri case that saw the killing of eight persons, including a group of farmers who were allegedly mowed down ruthlessly by a vehicle driven by Ashish Mishra who is the son of Union Minister and BJP MP Ajay Kumar Mishra which caught spotlight in all the news channels and media most prominently. The case is still pending with Ashish Mishra behind bars.
While speaking on the occasion of retirement of Justice Hima Kohli, the incumbent CJI Dr DY Chandrachud said most plainly that, “Justice Kohli is an inspiration to young lawyers and judges across the country. Above all, Hima has sent, I think a very crucial message that to succeed as a woman, you do not have to forsake your feminity. It is very crucial. Because every woman professional brings a crucial element of her own ingrained compassion and sensitivity and to succeed in our profession, you don’t have to behave like a man. You can continue to be a woman and bring the best traits of a woman to the profession. We have been friends and allies, you are not only a woman judge but a fierce protector of the right of women.”
What is most refreshing to note is that none other than the Attorney General of India – R Venkataramani while speaking his heart on her short tenure at the ceremonial Bench of the Supreme Court held for Justice Hima Kohli’s farewell remarkably said that, “I should have filed a writ petition to enhance the age of retirement for at least women judges. I am sure your lordship would have granted it in my favour…You have dedicated your entire life to the courts..” Even now I would say that it is not too late and retirement age of at least women judges must be increased so that they can render their contribution for a more longer period of time! No denying it!
While fully concurring with the Attorney General, the incumbent President of the Supreme Court Bar Association – Mr Kapil Sibal too echoed the same and said that, “This has been a very short stint.” But it will still be always remembered because of the landmark judgments that she had pronounced. Sibal rightly said that she created history at the court. Sibal also most laudably very rightly added that, “When we came to your court and your glasses are down on your noses and you are looking up, we know we are in trouble.. nobody can finesse you.. nobody can throw a googly at you…you were destined to be a judge..” Absolutely right!
By all accounts, she will definitely be always remembered for her firm, free, frank and forthright judgments and impeccable conduct in her life. She can definitely never retire from the public memory anytime soon! There can be just no denying or disputing it!
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