Man Behind PIL; Former CJI PN Bhagwati passes away

Former Chief Justice of India P N Bhagwati, considered a pioneer of judicial activism in the country for introducing the concept of PILs, died in New Delhi on Thursday after a brief illness, he was 95.

Bhagwati is survived by his wife Prabhavati Bhagwati and three daughters. The funeral will be held on June 17.

The 17th Chief Justice of India, Bhagwati remained on the highest judicial post between July 1985 and December 1986. He was a former Chief Justice of the Gujarat High Court and was appointed a judge of the Supreme Court in July 1973.

As a Supreme Court judge, Bhagwati introduced the concepts of public interest litigation (PIL) and absolute liability to the Indian judicial system.

As a champion of PILs, he had ruled there was no need for a person to have any locus standi (the right or capacity to bring an action or to appear in a court) to knock the doors of a court on the issue of fundamental rights.
He was also instrumental in furthering the cause of prisoners when he ruled that they too enjoyed fundamental rights.

One of the most important judgement pronounced by him was in the Maneka Gandhi passport impounding case in 1978 in which he elaborated the concept of right to life, and ruled that a person’s movement cannot be restricted. He had ruled that a person had full right to hold a passport.

During his flawless tenure as a judge, the only black dot is considered to be the controversial judgment in the ADM Jabalpur v. Shivkant Shukla case (popularly referred to as the ADM Jabalpur case or the habeas corpus case) where he decreed that during Emergency, a person’s right to not be unlawfully detained can be suspended. Bhagwati later agreed with popular opinion that this judgement was short-sighted and “apologised” for the same.

President Pranab Mukherjee and Prime Minister Narendra Modi condole Justice Bhagwati’s demise.

President in a tweet said,” His Contribution to judicial system shall always be remembered.”

In a series of tweet Prime Minister said, “Justice PN Bhagwati’s remarkable contributions made our judicial system more accessible & gave voice to millions.”