Sunday, October 27, 2013

Justice Vithal Mahadeo Tarkunde

v m tarkunde

There were many volunteers in freedom movement of India since colonial rule whose objective was not only the political freedom of the ruling class but also the full freedom of every Indian and preservation of his human right.Despite he being a successful advocate and hon’ble Judge dedicated his entire life to the protection of the rights of general people. He was born on 3rd July,1909 in the family of a social reformer advocate Mahadev Rajaram Tarkunde. In 1925 he topped the list in the matric exam in the whole Bombay province.He also topped the list in the graduation exam in the Poone Agriculture College. He went to England for the preparation of the Indian Administrative Services exam but there he having got education from “Lincon Inn” became barrister. In year 1932 having returned from England he started practice and also got the membership of the Congress and the Congress Socialist Party. He during practice in Poone red books written by Manmendra Nath Roy(M.N.Roy). At one time he left the Congress and joined Roy’ Radical Democratic Party.Till year 1946 M.N.Roy and he got disaffection from the Communist System. After independence he lost faith in party system politics. In year 1948 he started practice in Bombay High Court and in very short time made place among the successful lawyers. In 1957 Mr.Mohammad Karim Chhagla , the Chief Justice and exponent of Judicial merit, sent proposal to him to be a judge of the High Court. He having left very lucrative practice accepted the post of the judge. After some time when Hon’ble Justice Tarkunde,a very active social activist became vexed with the official restrictions, he having resigned in 1969 started advocacy in the Supreme Court. In 1973 he was the front runner among the Justices who opposed the decision of the then Prime Minister late Indira Gandhi’ Government interfering in the list of seniority for the appointment of the Chief Justice. He during his stay in Delhi associated with Lok Nayak Jaiprakash Narayan , the head of the movement against the Indira Government. In 1974 he in collaboration with many eminet jurists-thinkers-contemplators established a non Governmental organisation “Citizen For Democracy”. On the request of Jai Prakash Narayan a Committee under the presidentship of Mr. Tarkunde did the detail studies for the reform in Indian election system and adviced to make the election system in India based on the proportional representation. In 1975 after the proclamation of emergency in the country he along with many retired judges including Mr. M.C. Chhagla, J.C. Shah protested publicly against this unconstitutional step(Emergency) in Ahmadabad. In 1976 he, even during emergency, on the advice of Jai Prakash Narayan established a purely non-Governmental, public freedom organisation(PUCL). After the end of emergency he refused to accept any administrative or political post and remained fully committed for the protection of civil rights. He was also a member of the Justice Nathwani commission constituted for the inquiry of the cruel treatments meted out by the religious leader of Doudi Bohra Society upon his own reformist religious followers. The commission first time in India presented the bold report against any sect or religious leader on cruel treatments. Under the leadership of Mr.Justice Tarkunde inquiry was made in connection with the murder of the young persons in Andhra Pradesh in fake encounter treating them naxals and the Tarkunde committee report is treated as genuine document against the Government terrorism. On being possibility of hearing on Public Interest Litigations in the Indian Judiciary Justice Tarkunde and PUCL filed many petitions relating to the various grievances of general public and also got proper relief thereon. In July 1981 he got quick relief from the Bombay High Court against the steps of the State Government removing the Jhuggi Jhopri built on the side of the roads for the purpose of Bombay city beautification movement and also initiated active steps like rehabilitation of the evacuated on the same place. After the murder of Indira Gandhi in 1984 he had prepared the detailed report about the people killed in the riot against Sikhs and involvement of the politicians therein but no action was taken thereon. He did deep studies over the illegal methods adopted by the administration and the police in curbing the Sikh terrorism in Punjab and wrote a book, too. Once a proctor ( Parvakta) of the ruling Congress Party threatened the Tarkunde to send jail on criticising publicly the official suppression in Punjab. He was very opponent to strict terrorism prevention laws and official suppression steps in Jammu-Kashmir, North-East States and naxal problems afflicted States. He had started the public movement against the developing impact of the communal forces in Indian politics. He was the prominent opponent to the Nuclear weapon programme of India and supporter of the unilateral nuclear disarmament by India. Justice Tarkunde , whole life struggler for the protection of civil rights died on 22nd March,2004. Mr. Tarkunde, believer in the fundamental humanist theories of M. N. Roy displayed the extra-ordinary humanism in struggle for civil rights.

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