Former CJI Justice Altamas Kabir is no more

“India has lost a legal luminary”

Hailed as one of the brilliant judges of the Supreme Court, former Chief Justice of India, Justice (Retired) Altamas Kabir passed away on Sunday (Feb 19) after prolonged illness. He was 68.

Justice Kabir was unwell for quite some time. Suffering from kidney-related ailments, Justice Kabir was admitted to a private hospital in the city last week. He breathed his last in Kolkata, where he spent many years as lawyer. Justice Kabir is survived by his wife, a daughter and a son.

Justice Altamas Kabir enrolled as an Advocate in 1973 at Kolkata Bar Association. Justice Kabir practised in the District Court of Calcutta and later in the Calcutta High Court. Nephew of the well-known Bengal writer and politician, Humayun Kabir, Altamas Kabir was known for his erudition and tongue-in-cheek humour.

Former and late Chief Justice of India Justice Altamas Kabir being felicitated by alumni (Hermonites) of Mt. Hermon School (Darjeeling) at his residence in New Delhi in 2012 after being appointed as the 39th Chief Justice of India. (Left to Right) Advocate Mahesh Singh, Jigme N Kazi, Justice Altamas Kabir, Krishna Goenka, Advocate Udai P. Sharma and Karan Anand.

Born on July 19, 1948 in Kolkata, Justice Kabir completed his LLB and MA from the University of Calcutta. The soft-spoken judge started his legal career in 1973 when he enrolled as an advocate.

As a lawyer Justice Kabir was considered an authority in both Civil and Criminal cases. As an advocate, Kabir practised in the Calcutta high court and the district session court between early 1970s and late 1980. He was appointed as a judge in the Calcutta High Court in 1990.

In March 2005, Justice Altamas Kabir was appointed as the Chief Justice of the Jharkhand High Court. Later that year, he was elevated to the Supreme Court on September 9. Three years later, he was appointed the 39th Chief Justice of India on September 29, 2012. He retired on July 18, 2013 after a brief tenure of about nine months. Justice Kabir was the fourth Muslim to hold the top post in India’s history.

Justice Kabir’s amicable behaviour endeared him to fellow judges and lawyers.

Says Supreme Court advocate Parmanand Pandey, “In the death of Justice Altamas Kabir,we have lost a judge, who gave more importance to equity in his verdicts. He was very indulgent to lawyers in giving patient hearings.Courts presided over by him used to sit normally up to 6 or 6.30 p.m. Once he heard me quite at length and I thought to have carried the day.While dictating the order, he was about to dismiss my SLP but in the nick of the time the then puisne judge RM Lodha whispered something to him in his ears prompting Justice Kabir to ask for some clarification from me, which turned the table in my favour. I never saw him misbehaving with anybody. 
He was eclectic and humane to the core.One of his sisters is married to a Hindu and another cousin Liela Kabir is to a Christian and famous politician George Fernandes.His uncle Humayun Kabir was a known Bengali writer and a freedom fighter.”

Born in Faridpur (now in Bangladesh) on July 19, 1948, Justice Kabir studied at Mount Hermon School in Darjeeling and Calcutta Boys School and Presidency College, Kolkata.

He is the nephew of late union minister Humayun Kabir, who served with Jawaharlal Nehru, Lal Bahadur Shastri and Indira Gandhi.

During his brief tenure as Chief Justice of India, Justice Kabir delivered several landmark judgments particularly on human rights and election laws.

As the Chief Justice, he was part of the Supreme Court Bench which heard the case of the two Italian marines in 2013.

In another noted judgement in December 2012 as the Chief Justice of India, Justice Kabir along with Justice H.L. Dattu directed the Central Bureau of Investigation (CBI) to go ahead with its probe into the disproportionate assets case against Samajwadi Party chief Mulayam Singh Yadav and his son Akhilesh Yadav.

In May 2011, Justice Kabir with Justice Cyriac Joseph, quashed the disqualification of 11 BJP MLAs by the then Karnataka Assembly Speaker K.G. Bopaiah as it did not fulfil the criterion of natural justice and fair play.

Expressing her condolences Chief Minister Mamata Banerjee tweeted: “Condolences on the passing of former CJ Altamas Kabir ji. My thoughts with his family/colleagues. India & Bengal have lost a legal luminary.”

(Ref: India Today, The Hindu, Hindustan Times)