Who is Justice J K Maheshwari?

Justice Jitendra Kumar Maheshwari or J K Maheshwari has been a Supreme Court judge since August 2021. He was born on 29^th June 1961 and hails from the small town of Joura in District Morena, Madhya Pradesh. He was an advocate for about 20 years before being appointed as an additional judge of the High Court of Madhya Pradesh. He is the first Chief Justice of Sikkim High Court to be appointed as a judge of the Supreme Court.

How was the Career Journey of Justice J K Maheshwari?

• Justice J K Maheshwari completed his Bachelor of Arts degree in 1982 and obtained his LL.B. in 1985, followed by an LL.M. in 1991.
• Enrolled as an Advocate with the State Bar Council of Madhya Pradesh on 22^nd November 1985, he specialized in Civil, Criminal, Constitutional, Service, and Tax matters, garnering extensive experience in legal practice.
• His contributions extended beyond legal practice as he served as an elected member of the M.P. State Bar Council.
• Recognizing his legal acumen and integrity, Justice J K Maheshwari was appointed as an Additional Judge of the High Court of Madhya Pradesh on 25^th November 2005, subsequently becoming a permanent Judge on 25^th November 2008.
• Throughout his tenure, he actively participated in various committees aimed at enhancing the administration of the High Court of Madhya Pradesh.
• In a testament to his judicial prowess, Justice J K Maheshwari was appointed as the Chief Justice of the Andhra Pradesh High Court on 7^th October 2019, assuming the significant role of being the first Chief Justice of the newly established Andhra Pradesh High Court.
• Later, on 6^th January 2021, he was transferred to serve as the Chief Justice of the High Court of Sikkim.
• Continuing his journey of judicial excellence, Justice J K Maheshwari took oath as a Judge of the Supreme Court of India on 31^st August 2021.

What are the Notable Cases of Justice J K Maheshwari?

• Pahwa Plastics (P) Ltd. v. Dastak NGO (2022):
  • The Appellants, engaged in manufacturing chemicals, sought Consent to Establish (CTE) for Formaldehyde production.
  • Despite misconceptions about Environmental Clearance (EC) requirements, they applied and were undergoing EC processes.
  • The National Green Tribunal (NGT) ruled against the appellants hence he approached the Supreme Court.
  • Bench including Justice J K Maheshwari acknowledged the possibility of granting ex post facto EC cautiously, considering economic impact and compliance.
  • The NGT's decision to halt operations was overturned, allowing continued operation pending EC decisions, ensuring adherence to regulations while protecting livelihoods and the environment.
• Gangadhar Narayan Nayak v. State of Karnataka (2022):
  • The case involves the Editor of a newspaper publishing a report disclosing the identity of a sexual harassment victim.
  • Despite procedural irregularities, including police investigation without proper authorization, the Supreme Court dismissed the appeal, with a dissenting opinion leading to referral to the Chief Justice for reassignment.
• Shilpa Sailesh v. Varun Sreenivasan (2023):
  • The Constitution Bench addressed issues arising from orders regarding the waiver or reduction of the six-month period for moving the second motion under Section 13-B of the Hindu Marriage Act, 1955.
  • It discussed the power of the Court under Article 142 of the Constitution, the incorporation of irretrievable breakdown of marriage, and other related matters.
  • The Bench also consisting of Justice J K Maheshwari clarified the Court's jurisdiction to dissolve marriages by mutual consent, even without adherence to procedural requirements, and to grant divorce in cases of irretrievable breakdown, despite opposition from one spouse.