A.S. Anand

A.S. Anand

Former Chief Justice of India

Assumed Office18th Nov, 1991

Retired On31st Oct, 2001

Previously

Chief Justice of Madras High CourtNovember 1st 1989

Chief Justice of Jammu & Kashmir High CourtMay 11th 1985

Acting Chief Justice of Jammu & Kashmir High Court May 26th 1984

Permanent Judge of Jammu & Kashmir High Court February 1976

Additional Judge of Jammu & Kashmir High Court May 26th 1975

Advocate at Punjab & Haryana High Court

EnrollmentNovember 9th 1964

Age: 85

Tracked Cases: 0

Education

Degree of Doctor of Letters (Honoris Causa)March 20th 1999 at Jammu University

Fellowship of the University College, LondonUniversity College, London

Degree of LL.D. (Honoris Causa) Lucknow University

Degree of Doctor of Philosophy in Laws (Constitutional Law of the Commonwealth) London University

Diploma in Labour Laws 1960 Lucknow University

L.L.B.Lucknow University

GraduateJammu and Kashmir University

Profile

Notable Judgements

In Smt. Nilabati Behera Alias Lalit Behera v. State of Orissa, a full Bench was constituted to decide if the Court was empowered to exercise its writ jurisdiction under Article 32 of the Constitution of India to grant relief in a case where a person allegedly died due to injuries inflicted on him whilst in police custody. Justice AS Anand delivered a concurring judgment. He held that the Supreme Court and High Courts are ‘protectors of the civil liberties of the citizen’. Not only do they have  the power and jurisdiction but also an obligation to grant relief when an individual’s right to life under Article 21 is violated by the State.

In D. K. Basu v. State of West Bengal, a Bench headed by Justice A.S. Anand issued mandatory guidelines to be strictly followed by the Police Officers while arresting and detaining individuals. The guidelines provided safeguards against custodial torture.

The Bench in Supreme Court Bar Association v. Union Of India was confronted with the question of whether the Supreme Court could punish a lawyer who has been found guilty of contempt of court by suspending their license. The bench found that it was not correct for the Court to take over the functions of other statutory bodies and perform their functions. So, it decided that the power to suspend licenses in the given case rested with the Bar Council of India. Courts must act with restraint while exercising power under Article 142.

In Joginder Kumar v. State Of U.P, a three-judge Bench including Justice AS Anand took note of how police officers were abusing their powers of arrest.  The power of an officer to arrest was to be exercised only if there was due justification. The Bench also enumerated the various rights available to those who had been arrested or detained by the police.