Known for delivering the judgement of Ram Janam Bhoomi matter, at High Court of Judicature at Allahabad, Lucknow Bench, Justice Sudhir Agarwal has superannuated today, April 23, 2020.
During his 15 Years tenure, Justice Sudhir Agarwal has disposed of more than 1.40 lakh cases at High Court of Judicature at Allahabad including its Bench at Lucknow and has delivered judgements in almost every jurisdiction be it Constitution, Civil, Criminal, Direct or Indirect Tax, Rent Control, Contempt, Company law among others.
Amidst the nationwide COVID-19 Pandemic lock-down, Justice Agarwal was given a warm send-off by his colleague judges in the premises of Allahabad High Court. The Chief Justice of Allahabad High Court Justice Govind Mathur held a reference to give a warm farewell to the upright judge, maintaining the social distancing between all the judges present. However, no lawyers, nor the family members of Justice Agarwal were allowed to participate in the Farewell reference meeting due to the COVID-19 lockdown.
Known for his intelligence and labour Justice Agarwal decided more than 200 cases during this lockdown through video conferencing which were listed as per the direction of the Chief Justice of Allahabad High Court. He delivered as many as 60 judgements during this period.
During the Lockdown period he quickly came into action and got District Courts all over Uttar Pradesh Disinfected.
In a letter written to the Allahabad Chief Justice, Justice Aggarwal said that in this situation of extraordinary emergency, all the Judges and senior lawyers must contribute towards the Prime Minister relief fund for the COVID-19 Pandemic. He suggested for deduction of a minimum of 10% of the salary of sitting judges and 5% of pension from the retired judges for a year to the P.M. Relief Fund during this period of crises. He also suggested for a contribution of a minimum Rs. 50,000 per month for a year to the PM Relief fund by the Senior Advocates of the Allahabad High Court Bar Associations and Oudh Bar Association in these tough times.
Coming from a non-legal background and the first lawyer in his entire family, Justice Agarwal was elevated as an Additional Judge of the Allahabad High Court on 05.10.2005 and took oath as a Permanent Judge on 10.08.2007. Prior to his elevation, Justice Agarwal had been designated as Senior Advocate in the year 2002 by the same High Court and he was holding the post of Additional Advocate General of Uttar Pradesh. He had a successful career of 25 years in practice as lawyers and was known in matters pertaining to Service, Electricity and Constitution. He also had the credit of handling very complex tax matters during his tenure as an Advocate.
Justice Agarwal has many other bold judgements to his credit including the dispute of appointment of Shankracharya of Jyotishpeeth Badrikashram, Recovery of damages from miscreants who damage the government property during processions and political rallies, Government employees to get treatment in Government hospitals and to encourage Government school education among elite and Government employees so that the conditions of Primary Schools in Uttar Pradesh is improved.
The Ram Janam Bhoomi- Babri Masjid matter which is now set at rest by the Constitution Bench of Hon’ble Supreme Court was not less than a few centuries old. The dispute arose after 1548 when the Babri Masjid was built over the structure claimed to be a Hindu Temple and Birth Place of Lord Ram. However, it was only in the year 1950 the formal litigation between the parties began by filing Civil Suits before the Civil Judge, Faizabad, Uttar Pradesh. The said civil suits were transferred to the Lucknow Bench of the Allahabad High Court in the year 1989 and the said suits remained pending before it since then.
Justice Agarwal was nominated on the Ayodhya Bench by the then Chief Justice Hon’ble Justice H.L. Gokhale in the year 2008. Since the nomination of Justice Agarwal on the Bench, the proceedings in the case speeded up. Finally, after 21 years of transfer of the case to High Court and 60 years of the institution of the suit, in 2010, a voluminous judgment running into 8500 pages (approx.) was delivered by the Full Bench comprising of Justice S.U Khan, Justice Sudhir Agarwal and Justice D V Sharma.
Justice Agarwal’s role in carrying forward the case in a swift timely manner was commendable. Day to day hearings was held in the case, no the parties were given fullest opportunity to make arguments but were not allowed to cause the delay. Witnesses were testified on day to day basis leaving very scope for litigants to waste time.
Undoubtedly, Ram Janam Bhoomi case must have had a lot of political, social, religious, societal pressure on all the three judges who had to take a call in deciding the matter. The judges had to decide the case on purely legal grounds and within the framework of our Constitution. The matter of personal faith and belief of the judges had to be kept aside while deciding the matter. Justice Agarwal’s role to expedite the matter was commendable which was even appreciated by his fellow judges on the Bench. Justice S.U Khan and Justice D V Sharma have already retired. The Ayodhya Judgement was pronounced by the Full Bench of the High Court on September 30, 2010, with Justice Agarwal and Justice Khan, together delivered a majority judgement for a three-way partition of the disputed land among Hindu, Muslim and Nirmohi Akhara//SNG LAB NEWS
Ram Janam Bhoomi Fame Allahabad HC Judge Justice Aggarwal Retires Today
