Jagmohanlal Sinha
Jagmohanlal Sinha also Jagmohan Lal Sinha(born 12 May 1920 - 20 March 2008) was a former Indian Permanent Judge. He was known mostly for his 1975 ruling in State of Uttar Pradesh v. Raj Narain on the election of then Indian Prime Minister, Indira Gandhi, in which he declared the election invalid. Events that followed his decision resulted in the Prime Minister declaring a state of emergency in India. The ruling by Dr. Jagmohanlal Sinha is considered to be one of the most acclaimed judicial rulings in India. It is considered to be taken with highest regard to rule of law and justice. The ruling was against the supreme leader of the country and was expected to cause unrest. Dr. Jagmohanlal Sinha was considered to be a 'legal luminary' of India. He is considered to be one of the best judges of modern India.
The judgement by Dr. Jagmohanlal Sinha on 12 June 1975, is one of the proudest decisions ever made by a judge in Indian History. Indian Judiciary and Public has kept this decision in the league of the top decisions ever taken as it upheld the independence of the judicial system of India.
The Case
Dr Jagmohanlal Sinha presided on the election petition Number Five filed by petitioner Mr. Raj Narain against Mrs Indira Gandhi, the Prime Minister of India, in 1971. The petition challenged her election to the Lok Sabha - (The Indian Parliament) in 1971 from the Rae Bareli (A traditional seat of Congress) parliamentary constituency in Uttar Pradesh. The constituency of Rae Bareily was the home of both the petitioner and Indira Gandhi.
The hearing of the case took more than four years. The case concluded on May 23, 1975 but the judgement was not announced immediately. It was pronounced that the judgement will be pronounced on June 12, 1975. June 12, 1975 witnessed courtroom No. 24 packed by lawyers, media and general public. Justice Jagmohanlal Sinha read only the operative part of his judgement. The judgement in itself ran into 258 pages. Indira Gandhi was declared guilty of corrupt practices and her election to the Lok Sabha was declared null and void. She was charged under Section 123(7) of the Representation of People Act. She was also disqualified from contesting elections for a period of six years.
Jagmohanlal Sinha was a man of utmost regard to rule of law and democracy. In dealing with the case he was polite and courteous. But he also maintained the sanctity of his seat of the Judge of the High Court of Allahabad. He announced before hearing Indira Gandhi's case as well, that people should rise only when the judge enters the room as per the custom and for no other person. This is symbolic that no person is superior to the law.
Further Effects
Within 13 days of the historic judgement, Indira Gandhi faced with a humiliating defeat imposed emergency on the nation. The ruling became the primary reason for the imposition of the emergency. The emergency was considered to be one of the most immoral acts ever in Indian History.
Indira Gandhi used the opportunity to change the law which allowed her to rule by decree. She suspended freedom and liberties and brought the Indian democracy to a halt. Consequently, in March 1977, Indira Gandhi and Congress had to face a defeat and congress was routed in the elections. This led to the end of the uninterrupted rule of congress over India. The defeat of Mrs. Gandhi represents a revolution and assertion of the immutable rights of democracy, equality, fraternity, liberty, justice by an informed electorate. This also led to the meteoric climb of the Janata Party to power.
M. C. Chagla, in his autobiography described the act of emergency by Mrs. Indira Gandhi as “the most disgraceful and dishonest in Indian history”.
Life and career
Place of birth at Rayaa in district Mathura on 12thof May,1920. He came from a middle-class family. His father was a member of state agriculture service and retired as Deputy Director. He had school education at Aligarh from D.S.Inter College. Graduation from Bareilly college and LLB from Meerut College. In the year 1942, he joined the profession of Law at under the guidance of his real maternal uncle Shri.Tikait Rai Verma, a renowned freedom fighter who repeatedly went to jail in struggle for independence along with leaders like Late Govind Ballabh Pant, Lala Bahadur Shastri, Acharya J.B. Kiplani and others. Shri T.R.Verma soon after independence gave up politics and sincerely pursued the profession of Law.
Justice Sinha got his basic training of Criminal Law under the guidance of Late Shri Poshaki Lal, a very eminent criminal lawyer in Bareilly and its surrounding areas.
Shri Sinha was appointed district government council (criminal), Bareilly at an early age of 34 years in the year 1954. In the year 1957, he joined higher judicial service and got his first posting as session judge at Banda. In the year 1970, he was elevated to High Court. During the period between 1965-1968 he was joint secretary and legal rembramcer to state of U.P.
He was a good sports person. In his student days he was always in the first eleven of hockey team and was the captain in D.S Inter College Agra. He was good shooter and was fond of hunting during his profession days.
Though a non- believer in occult sciences but out of curiosity studied and analyzed a lot about them. He was a good palmist though did not believe in it. Once a friend of his told him that drawing was not his cup of tea and he took it up as a challenge and ended up in drawing freehand sketches in a span of one year.
He was never committed to the political ideology of any party but was always as much politically aware as a good citizen with a thinking mind should be. He was NEVER a member nor ever subscribed to ideology of any particular political party. During the pre-independence days he was one of the persons who organized underground movement and his younger brother Ram Mohan organized and lead Congress Sewa Dal at Bareilly Leading congress leaders of those days often used to seek shelter in our house. His maternal grand uncle Sri Tikait Rai Verma as mentioned above was also in Congresas but he as well as Ram Mohan both left their political activities immediately after independence without seeking any awards for whatever their little contribution in struggle for independence was. Surprisingly with this background Justice Sinha was branded persona non grata by a political party merely because he decided a particular case in a particular manner according to his conscience as any judge should do.
Unfortunately that status continues to haunt even after 33 years and even after his death. It does not send a good message. The message loud and clear- be a coward, sycophant, morally corrupt kill your conscience and reap awards and rewards. If you are not pliable, have a conscience of your own you are no good for and would be stigmatized and penalized.
As a person he was a strict disciplinarian. He was always bold and ready to take firm stand for a cause. In the year 1969-70 while posted as District Judge Meerut he came in conflict with army authorities, in discharge of his administrative functions. Matter became quite distorted and Justice S.K.Verma then administrative judge went to Meerut to make an enquiry. To the very first question that he put to Mr.Sinha the answer was that you don’t have to make enquiry because enquiry is to be made when there is a denial. “I say I not only accept but will repeat the same action if there is a reoccurrence of the same circumstance because I feel what I did was to maintain the dignity of the institution.” The answer was more than sufficient for Justice S.K.Verma and the chapter was closed. Mr.Sinha by nature was a fearless person and had the courage to maintain the conviction of his beliefs. At the same time he did not subscribe to the view that if the person has some good qualities like integrity honesty and sincerity it gives him a right to be rude and impolite. He was always polite and courteous in his behaviour as can be testified by the member of the BAR who appeared before for almost a decade in the high court or for that matter in any of the districts where he was posted in tenure of his service.
For the youngsters at the bar, he only had one thing to say, “There is no over crowding in the profession of law and if one sincerely pursues this profession there is always scope at the top. The crowd is comprised of person who may be wearing black robes but are not in the profession.”
Death
He died at the age of 87 due to age related problems in Allahabad¹. Dr. Jagmohanlal Sinha is survived by his sons Navin Sinha, Vipin Sinha and Pravin Sinha. Among whom of his sons Vipin Sinha, got elevated as the judge of the Allahabad High Court in 2013. Presently Hon'ble Justice Vipin Sinha is a sitting judge at Allahabad High Court, and will retire in 2020.
