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Important Personalities

Justice Ahsanuddin Amanullah

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 30-Aug-2024

Introduction 

Justice Ahsanuddin Amanullah was born on 11th May 1963 and completed his degree in law from Patna Law College. 

Career 

  • Justice Ahsanuddin Amanullah has practiced regularly in Patna High Court in Constitutional, Civil, Criminal, Taxation and other matters. 
  • He was a Standing Counsel to the Government of Bihar and was appointed as the Government Advocate for the State of Bihar. 
  • Justice Amanullah has served as the Chairman of Patna High Court Juvenile Justice Monitoring Committee and the Patna High Court Legal Services Committee. 
  • He was elevated as the judge of Patna High Court on 20th June 2011. 
  • Later, he was transferred to High Court of Andhra Pradesh and was retransferred to Patna High Court. 
  • He took oath as the judge of Supreme Court on 6th February 2023. 
  • He has been elevated to Supreme Court without serving as Chief Justice in any High Court. 

Notable Judgments 

  • R Sreenivasa v. State of Karnataka (2023) 
    • The Court in this case discussed last seen theory as a circumstance to convict the accused. 
    • The Court held that where there is a long time gap between the alleged last seen and the recovery of body it cannot be said that definitive evidence of last seen. 
    • Also, the Court held that last seen theory is only a corroborative circumstance and there should be other circumstances as well in order to convict the accused.  
  • Madhab Chandra Pradhan & Ors v. State of Odisha (2024) 
    • A 2-judge bench of the Supreme Court in this case held that that when the victim has been examined and then cross examined at length twice mechanically allowing the application for recall of victim especially in trial under POCSO Act would defeat the very purpose of the statute. 
    • The Court held that if the victim is called repeatedly the object of the Protection of Children from Sexual Offences Act, 2012 shall be defeated. 
    • Hence, the Court upheld the order of the High Court and the Special Court dismissing the application under Section 311 of Criminal Procedure Code, 1973.  
  • Mansi Khatri v. Gaurav Khatri (2022) 
    • In this the 2- judge bench of the Supreme Court invoked the powers under Article 142 of the Constitution of India, 1950 (COI). 
    • The Court held that the parties in this case have suffered an irretrievable breakdown of marriage and therefore in order to complete justice between the parties the Court exercised powers under Article 142 of COI and  granted divorce.  
    • Thus, divorce decree was granted to the parties. 
  • Nagarathinam & Ors v. State, Rep. By Inspector (2023) 
    • In this case plea of grave and sudden provocation was taken by the appellant and she pleaded that she should be held guilty under Section 304 of Indian Penal Code, 1860 (IPC) and not under Section 302 of IPC. 
    • The case of the appellant was that she tried to commit suicide with her children (poisoned them) as she was deprived of her self control due to grave and sudden provocation which falls under Exception 1 of Section 300 of IPC. 
    • The Court however, was not convinced with the plea and held that it would be difficult to grant Exception 1 to Section 300 in this case.