From stray dogs to ecology: Why Justice Pardiwala’s recent orders prompted CJI’s intervention

Justice JB Pardiwala

In less than a month, three orders passed by a bench headed by Justice Jamshed Burjor Pardiwala has caught the Supreme Court in a bind, leading Chief Justice BR Gavai to intervene in the matters.

Observations against Allahabad HC: In the first matter, Justice Pardiwala, who will serve a two-year term as the Chief Justice of India starting May 2028, criticised Allahabad High Court judge Prashant Kumar for allowing criminal proceedings in a civil dispute case, and stripped him of criminal matters till retirement.

Several senior judges of the top court expressed displeasure over the order passed by Justice Pardiwala and conveyed their thoughts to the CJI.

This prompted CJI Gavai to ask Justice Pardiwala to reconsider his observations.

On August 8, Justice Pardiwala deleted his observations, making it clear that the intention was not to embarrass or cast aspersions on Prashant Kumar.

Order on Stray Dogs: Noting an "extremely grim" situation due to stray dog bites resulting in rabies, particularly among children, a bench led by Justice Pardiwala directed Delhi-NCR authorities to permanently relocate all strays from streets to shelters "at the earliest".

The apex court order faced criticism from dog lovers and several animal welfare organisations, forcing CJI Gavai to transfer the matter to a three-judge bench led by Justice Vikram Nath.

The Justice Vikram Nath-led bench on August 22 modified the earlier direction prohibiting the release of vaccinated stray dogs from pounds in Delhi-NCR, calling it "too harsh", and ordered the canines to be released post sterilisation and de-worming.

Ecological imbalance in Himachal Pradesh: A bench of Justices Pardiwala and R Mahadevan on July 28 flagged the ecological imbalance in Himachal Pradesh and cautioned that the entire state may "vanish into thin air" if the situation did not change.

"We want to impress upon the state government and the Union of India that earning revenue is not everything. Revenue cannot be earned at the cost of environment and ecology," the bench said.

"If things proceed the way they are as on date, the day is not far when the entire state of HP may vanish into thin air from the map of the country. God forbid this doesn't happen," the bench said.

Now this matter has also been taken away from Justice Pardiwala and assigned to a three-judge bench headed by Justice Vikram Nath.

Who is Justice Pardiwala?

Born on August 12, 1965, in Mumbai, Justice Pardiwala graduated from the JP Arts College in Valsad in 1985. He obtained a law degree from the KM Law College, Valsad, in 1988 and started practice by next year.

Born into a family of lawyers, he hails from the native town of Valsad in south Gujarat. His great grandfather Navrojji Bhikhaji Pardiwala started practice in the year 1894 at Valsad.

Grandfather Cawasji Navrojji Pardiwala joined the bar at Valsad in 1929 and practiced upto 1958. Father Burjor Cawasji Pardiwala joined bar at Valsad in 1955 and also remained as the Speaker of 7th Gujarat Legislative Assembly from December, 1989 to March, 1990.

Pardiwala shifted to Gujarat High Court in Ahmedabad in September, 1990 and practised in all branches of law.

He remained member of the Bar Council of Gujarat from 1994 to 2000 and was also appointed as nominated member of the Disciplinary Committee of Bar Council of India.

He worked as Honorary Co-Editor of Gujarat Law Herald, a publication of the Bar Council of Gujarat and as member, Gujarat High Court Legal Services Authority.

Pardiwala was appointed as Standing Counsel for the High Court of Gujarat and its subordinate Courts in 2002 and continued till his elevation to the Bench.

He was elevated as an Additional Judge, High Court of Gujarat on February 17, 2011 and confirmed as permanent Judge on January 28, 2013.

On May 9, 2022, he was elevated as a Judge of the Supreme Court.