Obit: Justice Rajendra Nath Aggarwal

August 21, 1925- June 6, 2021

Upheld judiciary’s sanctity even during Emergency

Saurabh Malik

Tribune News Service

Chandigarh, June 6

More than 45 years ago, the Union Government, led by the then PM Indira Gandhi, imposed Emergency in the country — a period dubbed as the “darkest hours of democracy”. Amid the shadows emerged a story of courage and enforcement of fundamental rights by Justice Rajendra Nath Aggarwal.

The former Chief Justice of the Delhi High Court breathed his last this morning at his residence here. He was 95. Those who know Justice Aggarwal recall how he strived to prevent the judiciary from submitting to an absolutist government. As the justice delivery system those days struggled to deal with issues revolving around civil liberties, Justice Aggarwal maintained the judiciary’s independence and stressed on commitment to constitutional values. And, he had to pay a price for it.

Available information suggests journalist Kuldip Nayar was arrested under the Maintenance of Internal Security Act — an action challenged by his wife before the Delhi High Court.

The matter was placed before the Bench of Justice S Rangarajan and Justice Aggarwal. It is believed the state simply refused to disclose to the Bench the material on the basis of which the detention order had been passed.

The Bench ordered his release, making it clear that the right to a writ of habeas corpus had not been suspended. Both judges were “punished”. Justice Rangarajan was transferred to Sikkim and Justice Aggarwal’s term as an Additional Judge was not extended. He was reverted to his former position as a District Judge in Delhi. The end of Emergency saw Justice Aggarwal’s elevation permanently to the Delhi High Court and the restoration of his seniority. He went on to serve as its Chief Justice.

The legal fraternity believes the Bar, in his demise, lost a towering figure in the legal profession.