BIOGRAPHY OF JUSTICE RAJIV SHAKDHAR

BIRTH

Justice Rajiv Shakdher was born on 19-10-1962.

EDUCATION

Justice Rajiv Shakdher done his schooling in St.columba’s  School at Delhi. He done his Graduation in B.Com [hons] from Delhi university in the year 1984. He was done his L.L.B course in the year 1987 from law faculty university in Delhi. And he was enrolled as an advocate on 19-11-1987. He was completed his C.A [CHARTED ACCOUNTANT] from the institute of charted accountants of India in the year 1987. He was appointed as Associate Accountant in India on 29-01-1988. And also, he was completed his advanced Couse of law in the Institute of advanced legal studies from university of London in the year 1994.

PROFESSION

Justice Rajiv Shakdher had lots of experience in practice. Justice Rajiv Shakdher was practiced in Supreme Court of India,  other courts of India, and also in Delhi High Court. Justice Rajiv Shakdher had more experience in civil litigations, taxation laws, corporate laws, constitutional laws, with special interest in commercial litigation.  Tax tribunals are DRT [Debts Recovery Tribunals], BIFR [Board Of Industrial And Financial Reconstruction], AAIFR [Appellate Authority For Industrial And Financial Reconstruction], MRTP [Monopolies And Restrictive Trade Practices Act] and Company Law Board.

He was admitted as a counsel for Union of India on 13-03-1995 by Government of India. This was happened, with respect to it’s cases in Delhi High Court. And he was appointed as senior panel for Union of India in High Court of Delhi on 20-07-2004.

The duration as senior panel member for Union of India was 20-06-2004 to 20-07-2007, he was designated as a senior advocate on 08-12-2005. He was appointed as panel member to Union of India in Supreme Court of India in the year 2005. He was appointed as a counsellor by the office of comptroller and Auditor General to defend IA [Indian Audit And Accounts Department] matters before CAT from 01-08-2002 to 31-06-2003.

He was appointed or admitted as senior standing counsel by the office of comptroller and Auditor General of India. To defend IA and AD matters and it’s relating cases are solved by him in effective manner at High court of Delhi from 01-08-2006. He was appointed as Additional Judge in High Court of Delhi on 11-04-2008. And he became permanent Judge on 17-10-2011.

TRANSFER

Justice Rajiv Shakdher was transferred to Madras High Court on 11-04-2016. Shri Justice Rajiv Shakdher, who was solved the Green Peace crucial case, is back to Delhi High Court about 20 months after his transfer to madras High Court. When the decision is taken then

Justice Rajiv Shakdher requested Chief Justice of India to transfer him for his parent court [Delhi High Court].

Then prominent Jurists to write letters of protest and urge the Chief Justice of India to reverse the decision. The law and Justice ministry 02-01-2018 has issued a notice, that the transfer of Justice Rajiv Shakdher to his Parent Court on or before January 16,2018. In exercise of powers that are conferred by the Article 222[1] of the constitution of India, The president after consulting the Chief Justice of India, and pleased to transfer Shri Justice Rajiv Shakdher to his Parent Court [Delhi High Court] from Madras High Court and to direct him to assume his charge of his office in Delhi High Court on or before 16-01-2018.

CONTROVERSY RAISES ON MARITAL RAPE CASE

Justice Rajiv Shakdher held that exception 2 of section 375 of Indian penal code is unconstitutional, but Justice C. Hari Shankar disagreed with him.

A bench of two Judges of Delhi High Court delivered a split verdict [Fight on a majority verdict of the Judges as opposal to a unanimous decision]. In petition that to criminalise marital rape on 11-05-2022. Justice Rajiv Shakdher said that exception 2 of section 375 is unconstitutional. He stick on to his point. Justice C. Hari Shankar disagreed with the words of Justice Rajiv Shakdher and said it is Constitutional, it doesn’t comes under Rape.

So both the Judges decided and granted certificate to petitions to appeal it in the Supreme Court, the Supreme Court noted that the question of laws involved in it and held that it is considered as a Rape.

In march 2022, it is a significant Judgement. The Karnataka High Court allowed it is as a Rape charge against husband it is to stand despite the exception 2 of section 375, saying the decision as institution of marriage cannot given any special privilege or license to men to assault a women. without female consent, sex doesn’t done by any male, even though he might be her husband.

LATEST UPDATES THAT WAS GIVEN BY JUSTICE RAJIV SHAKDHER

  • Forced sex by husband on wife should be labelled as Rape. These are against to her Right to Life and Right to Liberty. Without her consent, sex doesn’t done by her husband, if it is done, then it can be treated as marital rape.
  • Exception 2 of section 375 of Indian penal code is unconstitutional.
  • Delhi High Court says that government stand on compensation policy for on duty death in hospitals or non-requisitioned nursing homes.
  • High Court Of Delhi will hear the privacy policy on 21-07-2022 appeals by Whatsapp, and Face book against CCI [Competition Commission Of India] investigation.
  • High Court of Delhi issues notice on review plan by Alapan Bandyopadhyay regarding CAT proceedings.
  • The High Court of Delhi has stuck down MEA’S [Ministry Of External Affairs] decision and to extent that it required the Judges of Supreme Court and High Court to seek political clearance  for private visits abroad.
  • High Court of Delhi was hear the pleas on 10-05-2022 by Meta, Google and Twitter challenging ‘Global Blocking Order’ of content against Baba Ramdev.

REFERENCES

https://delhihighcourt.nic.in/cjsittingjudges.asp

https://www.livelaw.in/amp/tags/justice-rajiv-shakdher

https://economictimes.indiatimes.com/topic/justice-rajiv-shakdher/amp

https://m.economictimes.com/news/politics-and-nation/justice-rajiv-shakdher-back-to-his-parent-court-delhi-hc/amp_articleshow/62359668.cms

http://www.hcmadras.tn.nic.in/rsaj.html

https://m.thewire.in/article/law/delhi-hc-bench-delivers-split-verdict-on-marital-rape/amp

https://www.barandbench.com/news/rajiv-shakdher-delhi-high-court

https://www.scconline.com/post/2018/01/03/justice-rajiv-shakdher-transferred-delhi-high-court/?amp

Aishwarya Says:

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