BAHARUL ISLAM

His is the first case in India’s history of a politician becoming a high court judge. He would retire as chief justice, then — within a space of eight months — become a judge of the Supreme Court, then quit just 45-odd days before his date of retirement, in time to contest the Lok Sabha elections on a Congress ticket, and win.

Justice Baharul Islam, a prominent Muslim face of Assam, was elected to the Rajya Sabha in 1962 and got another term in 1968. He resigned mid-way to become a judge of the then Assam and Nagaland High Court, now known as Gauhati High Court, in 1972. On July 7, 1979, he became its chief justice. While he retired on March 1, 1980, he was brought back from retirement to be appointed a Supreme Court judge on December 4, 1980.

For some, however, the unusual career took its lowest dip when Justice Islam gave up his Supreme Court judgeship 46 days before his retirement to contest as a Congress candidate from Barpeta constituency, going on to win in a one-sided contest.

Supreme Court of India

Sheonandan Paswan vs State Of Bihar & Others on 16 December, 1982

Equivalent citations: 1983 AIR 194, 1983 SCR (2) 61

Author: P B Islam

Bench: Tulzapurkar, V.D.

PETITIONER:

SHEONANDAN PASWAN

Vs.

RESPONDENT:

STATE OF BIHAR & OTHERS

DATE OF JUDGMENT16/12/1982

BENCH:

TULZAPURKAR, V.D.

BENCH:

TULZAPURKAR, V.D.

ISLAM, BAHARUL (J)

MISRA, R.B. (J)

CITATION:

1983 AIR 194 1983 SCR (2) 61

1983 SCC (1) 438 1982 SCALE (2)1241