Indira Banerjee

“ The protection does not automatically expire when an accused is summoned to Court. It was held to be open to the court to impose appropriate conditions for anticipatory bail.” {During Sushila Aggarwal and Ors. v. State (NCT of Delhi) and Ors.}

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Indira Banerjee currently a Judge of Supreme Court of India, the 8th female Judge in history and the 3rd female Judge of Supreme Court of India at present,  is former Chief Justice of Madras High Court, the second woman to hold the position in India before being elevated as a Judge of Supreme Court of India.

Notable Judgements

2020:

1. Sushila Aggarwal and Ors. v. State (NCT of Delhi) and Ors.

A five-judge Bench clarified that there is no time limit on when individuals can seek anticipatory bail under Section 438 of Code of Criminal Procedure, 1973 (CrPC). Justice Indira Banerjee authored a concurring opinion, observing that the protection does not automatically expire when an accused is summoned to Court. It was held to be open to the court to impose appropriate conditions for anticipatory bail.

2. In 2020, Justice Indira Banerjee was also a part of the 5 Judge Bench in Indore Development Authority v. Manoharlal & Ors that interpreted Section 24 of the Land Acquisition Act, 2013, holding that Landowners who refuse to accept compensation for land belonging to them that was acquired cannot subsequently seek cancellation of such acquisition.

2019:

1. Dattatraya v. The State of Maharashtra

Justice Indira Banerjee authored the unanimous opinion of a three-judge Bench that reduced the appellant’s death sentence to life imprisonment, due to a lack of pre-meditation. The appellant had been accused of murdering a minor girl. Justice Banerjee emphasised that the accused had received unsatisfactory legal aid, pointing out non-assistance by a social worker and absence of attempts to place on record mitigating circumstances. Further, she observed that the trial court failed to consider the question of reform when imposing the death sentence.

2. State of Haryana v. Angoori Devi and Ors.

Justice Indira Banerjee authored the opinion of the two-judge Bench upholding the Punjab and Haryana High Court’s judgment in a dowry death case. She agreed that in order for the penalty for dowry death to apply under Section 304B of the Indian Penal Code, 1860 (IPC), the prosecution has to establish that the deceased was subjected to cruelty and harassment shortly before her death, in connection with the demand for dowry.

3. Rajendra Diwan v. Pradeep Kumar Ranibala and Ors.

A five-judge Bench held that Section 13(2) Chhattisgarh Rent Control Act, 2011 was unconstitutional due to legislative incompetence. Justice Indira Banerjee authored the unanimous opinion. She held that State Legislative Assembly had wrongly conferred appellate jurisdiction to the Supreme Court. This would mean that even in instances of concurrent findings of the Rent Controller and Rent Control Tribunal, where no serious question of law were involved, an appeal would have to be heard by the Supreme Court. Justice Banerjee noted that the High Courts exercise supervisory jurisdiction over tribunals and emphasised that allowing direct appeals would cause great inefficiencies.

4. In 2019, Justice Indira Banerjee sat three-judge Bench in Accused 'X' v. State of Maharashtra, that deduced a 'test of severity' and guiding factors for recognizing those mental illnesses which qualify for an exemption in relation to post-conviction severe mental illness in cases involving death sentencing.

Details

Justice Indira Banerjee is the 8th woman to be a judge in the Supreme Court. She is presently one  of the three female judges of the court.. Justice Banerjee pursued her education from Presidency College, Kolkata and College of Law, Calcutta University. In 2002, she was appointed as a Judge of the Calcutta High Court. She was sworn in as the Chief Justice of the Madras High Court on 5 April, 2017.