John Michael D'Cunha

Last updated

John Michael D'Cunha is an Indian Judge elevated as a Permanent Judge [1] in the Karnataka High Court on 1 November 2018.

Contents

John Michael D'Cunha
Born (1959-04-07) 7 April 1959 (age 63)
Gurupura
Nationality Indian

D'Cunha was appointed as an Additional Judge of the Karnataka High Court on 14.11.2016. On 27 September 2014 he convicted Jayalalithaa, then Chief Minister of Tamil Nadu, in her 18-year-old Disproportionate Asset case. [2] He was appointed by the Supreme Court of India to the post in October 2013 as the fifth judge to investigate the case, replacing judge MS Balakrishna. [2]

Early life

D'Cunha was born in Gurpur, Kaikamba, 18 kilometres (11 mi) from Mangalore. He studied at SDM Law College in Mangalore, where he also played volleyball. D'Cunha started his law practice in 1985, and formed Manu Associates with fellow advocates Amruth Kini, M P Noronha and Ullal S K. The name "Manu" was formed from the first letter of each partner's name: ‘M’ for Michael, ‘A’ from Amruth, ‘N’ from Noronha and ‘U’ from Ullal. In 1999, he left Mangalore to join the Karnataka High Court. [3]

Judiciary

In 2002 D'Cunha joined the judiciary as a District Judge. He has served in the courts of Bangalore, Bellary, and Dharwad. He also served as secretary to the Chief Justice and Registrar (Vigilance) of the High Court. [3] In June 2015, D'Cunha was appointed as the registrar general of the Karnataka High Court [4] On 11th Nov 2016, D'Cunha was appointed as a judge in the Karnataka High Court. [5] [6] He retired from the Karnataka High Court on 6 April 2021 upon superannuation. [7]

Operation Kamala case

On 31 March 2021, the bench of Justice DCunha refused to quash the FIR against the sitting Chief Minister of Karnataka B. S. Yediyurappa in a case nicknamed Operation Kamala case. [8] At the time of the alleged incident, Yediyurappa was the leader of opposition. [9]

Disportionate Asset case against Jayalalithaa

D'Cunha was appointed by the Supreme Court of India in October 2013 as the fifth judge to investigate the Disproportionate Asset case against Jayalalithaa, replacing judge MS Balakrishna. On 27 September 2014 D'Cunha convicted Jayalalithaa, the then Chief Minister of Tamil Nadu. In a detailed judgement, he showed that the entire asset belonged to the accused and no one else. [10] She was sentenced to a prison term of four years and fined Rs. 100 crore. [11] Jayalalithaa was later acquitted by the High Court of Karnataka on 11 May 2015. It claimed Trial court order by D'Cunha is not sustainable in law. [12] The Supreme Court of India reconfirmed the D'Cunha punishment on 14 February 2017. [13]

Flag hoisting at Idgah Maidan case against Uma Bharti

In the 1994 flag hoisting at Idgah Maidan case, pertaining to an open public ground located in the heart of Hubli, whose ownership was claimed [14] by Anjuman-e-Islam, a minority educational institution, [15] the Judicial Magistrate First Class of the 2nd Court, Hubli had from 2002 to 2004 issued 18 non-bailable arrest warrants against Uma Bharti then the Chief Minister of Madhya Pradesh, which Bharti had evaded. [16] The Magistrate's court served a final arrest warrant on 3 August 2004. [16] [17]

Then Bharti, seeking to quash charges against her, approached the court of D'Cunha, then the District Judge of Hubli. D'Cunha rejected the petition because according to the statute of limitations, the case was too stale by 697 days. [17] D'Cunha also rejected as defective a petition filed by Government of Karnataka that sought to reopen the case. He directed the government to cite 'proper grounds' for reopening the case and approach the Judicial Magistrate First Class 2nd Court. [17]

Following this, Bharti resigned her position as Chief Minister of Madhya Pradesh and on 25 August 2004, surrendered to the court at Hubli, and was remanded into custody for 14 days. [18]

The subsequent application to withdraw the case against Bharti and 21 other defendants was accepted on 6 September 2004 by Mohammed Ismail, Judicial Magistrate First Class 2nd Court. Bharati was then released. [19]

In 2010, the Supreme Court ruled that the Idgah Maidan was the exclusive property of the Hubli-Dharwad Municipal Corporation (HDMC). The Supreme Court upheld the High Court order that Anjuman e-Islam (AeI) was only allowed to hold prayers in the grounds twice a year, the AeI was not allowed to build any permanent structures on the maidan and directed the HDMC to demolish the commercial complex built by AeI there. [14]

Related Research Articles

Hubli City in Karnataka, India

Hubli, officially known as Hubballi, is a city in the Indian state of Karnataka. The twin cities Hubli–Dharwad form the second largest city in the state by size and population and the largest city in North Karnataka. Hubli is located in Dharwad district of Karnataka and is the taluk headquarters of Hubli City and Hubli Rural. Although it hosts the HDMC office, the district headquarters is located in Dharwad.

H. D. Deve Gowda Eleventh Prime Minister of India (1996–1997)

Haradanahalli Doddegowda Deve Gowda is an Indian politician from the state of Karnataka. He served as the 11th prime minister of India from 1 June 1996 to 21 April 1997. He was previously the 14th Chief Minister of Karnataka from 1994 to 1996. He presently is a Member of Parliament in the Rajya Sabha representing Karnataka. He is the National President of the Janata Dal (Secular) party.

Uma Bharti 15th Chief Minister of Madhya Pradesh

Uma Bharti is an Indian politician and former Chief Minister of Madhya Pradesh. She became involved with the BJP at a young age, unsuccessfully contesting her first parliamentary elections in 1984. In 1989, she successfully contested the Khajuraho seat, and retained it in elections conducted in 1991, 1996 and 1998. In 1999, she switched constituencies and won the Bhopal seat.

Shimoga City Corporation in Karnataka, India

Shimoga, officially known as Shivamogga, is a city and the district headquarters of Shimoga district in the central part of the state of Karnataka, India. The city lies on the banks of the Tunga River. Being the gateway for the hilly region of the Western Ghats, the city is popularly nicknamed the "Gateway of Malnad". The population of Shimoga city is 322,650 as per 2011 census. The city has been selected for the Smart Cities project, standing in the fourth position in the state and 25th in the country as of November 2020.

Karnataka High Court High Court for Indian state of Karnataka at Bengaluru

The High Court of Karnataka is the High Court of the Indian state of Karnataka and thus its highest judicial authority. The court's principal bench is located in Bangalore, the capital city of Karnataka, with additional benches in Hubli-Dharwad and Gulbarga. It was previously called the High Court of Mysore. In Bangalore, the High Court functions out of a red-painted brick building known as the Attara Kacheri, located opposite the Vidhana Soudha, the seat of the legislature of Karnataka.

H. D. Kumaraswamy 18th Chief Minister of Karnataka

Haradanahalli Devegowda Kumaraswamy, known among followers as Kumaranna, is an Indian politician and businessman who served as the 18th Chief Minister of Karnataka from 23 May 2018 to 23 July 2019. He is a former president of the Karnataka State Janata Dal (Secular) and son of former prime minister of India H. D. Deve Gowda.

B. S. Yediyurappa 19th Chief Minister of Karnataka

Bookanakere Siddalingappa Yediyurappa, often referred to by his initials BSY, is an Indian politician who served as the 19th Chief Minister of Karnataka, and currently a Member of the Karnataka Legislative Assembly. He is also the only politician so far in Karnataka to have served four times as Chief Minister and three times as Leader of the Opposition in the Karnataka Legislative Assembly. He is an MLA from Shikaripura constituency in Shimoga district, from where he has been elected eight times. He is popularly referred to as Raja Huli by the media.

Jagadish Shettar Former Chief Minister of Karnataka

Jagadish Shivappa Shettar is an Indian politician belonging to Bharatiya Janata Party (BJP), who served as the 21st Chief Minister of Karnataka from 2012 to 2013. He has subsequently served as Leader of the Opposition in the Karnataka Legislative Assembly. Earlier, he was the Speaker of the Karnataka Legislative Assembly during 2008–2009. Currently he represents Hubli-Dharwad Central Vidhan Sabha seat. On 20 August 2019 he was inducted as the Cabinet Minister for Large and medium scale industries excluding sugar and Public Enterprise department in the BJP Government led by B.S. Yediyurappa. As the cabinet being dissolved after the resignation of B. S. Yediyurappa, he also further announced he won't be part in any cabinet in the future.

Pralhad Joshi Indian politician (b. 1962)

Pralhad Venkatesh Joshi is an Indian politician who is the current union Minister of Parliamentary Affairs, Coal and Mines of India, since from 30 May 2019 and Member of Parliament in the Lok Sabha, since from 2004, representing the Dharwad Lok Sabha constituency. He was also the State President of Bharatiya Janata Party, Karnataka (BJP) from 2014 to 2016. He served in the panel of chairpersons of Lok Sabha (2014-2018).

Disproportionate assets is a term used in India to describe a situation where an individual's net economic assets significantly exceed the assets he or she should possess after accounting for the assets that he or she previously held and all legal sources of income. Disproportionate assets cases are investigated by the CBI Central Bureau of Investigation and the Income Tax Department.

Raja Lakhamgouda Law College is an institution for legal education situated in Belgaum, Karnataka, India. It was established in 1939 by the Karnataka Law Society, and is one of the oldest Indian Law Colleges. The college is named after Raja Lakhamgouda Sirdesai, the head of the former princely state of Vantamuri who has served as a mentor and donor to the school.

J. Jayalalithaa Indian actress, politician and Chief Minister of Tamil Nadu (1948–2016)

Jayaram Jayalalithaa was an Indian politician, actress and philanthropist who served as Chief Minister of Tamil Nadu for more than fourteen years over six terms between 1991 and 2016. From 9 February 1989, she was the general secretary of the All India Anna Dravida Munnetra Kazhagam (AIADMK), a Dravidian party whose cadre revered her as their "Amma" (Mother) and "Puratchi Thalaivi". Her critics in the media and the opposition accused her of fostering a personality cult and of demanding absolute loyalty from AIADMK legislators and ministers, who often publicly prostrated themselves before her.

Vivekanandan Krishnaveni Sassikala, also known by her married name Sasikala Natarajan, often referred to by her initials VKS is a former Indian politician who has served as the National President of the Amma Makkal Munnetra Kazhagam (AMMK). She was a close associate of J. Jayalalithaa, the late Chief Minister of Tamil Nadu, who headed the AIADMK from 1989 until her death in 2016. After Jayalalithaa's death, the party's General Council elected her as the Secretary General of AIADMK. Before going to Parapana Agharaha Jail, Sasikala appointed Edappadi Palanisamy as Chief Minister of Tamil Nadu. Palanisamy and other ministers removed her from the post and expelled her from the party in September 2017. After her expulsion she went to court over her removal as AIADMK General Secretary. The case is still pending judgement.

Basavaraj Bommai 23rd and current Chief Minister of Karnataka

Basavaraj Somappa Bommai is an Indian politician and engineer who is the current and 23rd Chief Minister of Karnataka. He is Member of Legislative Assembly in the legislature of Karnataka for Shiggaon, from where he has been elected three times since 2008. He is a member of the Bharatiya Janata Party.

Disproportionate assets case against Jayalalithaa

Jayaram Jayalalithaa, commonly referred to as Jayalalithaa, was an Indian politician who was the six time Chief Minister of the Indian state of Tamil Nadu. She was initially convicted for misusing her office during her tenure of 1991–96. Subramanian Swamy was the chief petitioner. Some of the allegations involved spending on her foster son's lavish marriage in 1996 and her acquisition of properties worth more than ₹66.65 crore, as well as jewellery, cash deposits, investments and a fleet of luxury cars. This was the first case where a ruling chief minister had to step down on account of a court sentence. Ultimately, in May 2015, her conviction was overturned, she was acquitted of all charges, and she then died before the Supreme Court of India reviewed the case in 2017.

TANSI land acquisition case was a sensational case against J. Jayalalithaa in Tamil Nadu, during 1991-96. Jaya Publication and Sasi Enterprises, the companies in which J. Jayalalithaa and her friend V. K. Sassikala had holdings, purchased lands of Tamil Nadu Small Industries Corporation (TANSI), a state government agency, in 1992. The case was filed by Subramanian Swamy and chargesheet were filed during the following DMK government headed by M. Karunanidhi in 1996. Jayalalitha and her associate, Sassikala were convicted in the lower court, which sentenced her to two year rigorous imprisonment and fined ₹50,000 on 9 October 2000. The case had political implications as Jayalalithaa was disqualified from contesting the 2001 Tamil Nadu Legislative Assembly election. Though Jayalalithaa's nomination papers were rejected, she took oath as chief minister after the victory of AIADMK in the elections. The Supreme Court disqualified her in September 2001, resulting in her stepping down and elevation of O. Panneerselvam as the chief minister. The governor of Tamil Nadu, Fathima Beevi, who administered oath to J. Jayalalithaa, was advised to step down by the union ministry, who also sent the report to the President of India.

The Pleasant Stay hotel case was a case against Jayalalithaa, the late Chief Minister of Tamil Nadu, a state in South India during her tenure in 1991-1996. Jayalalitha and her ministerial colleague, V. R. Nedunchezhiyan and T. M. Selvaganapathy, were charged with misusing the office to allow Pleasant Stay Hotel in Kodaikanal to build seven floors against the norms. The case and charge sheet were filed during the following Dravida Munnetra Kazhagam (DMK) government headed by Karunanidhi in 1996. Jayalalitha and Selvaganapathy were convicted in the lower court, which sentenced her to one-year imprisonment to the two and three others involved. The case had political implications as the aftermath of violence created a furor in the state. The statewide violence resulted in the burning of five buses, damaging fifty buses, and leaving 40 people injured. Three girls students of the Tamil Nadu Agricultural University were burnt alive in a bus in Dharmapuri. The three AIADMK party workers who were convicted in the case received a death sentence in the case in 2007, but it was commuted to life imprisonment.The case had political implications as Jayalalithaa was disqualified from contesting the 2001 Tamil Nadu Legislative Assembly election. Though Jayalalithaa's nomination papers were rejected, she took oath as chief minister after the victory of AIADMK in the elections. The Supreme Court disqualified her in September 2001, resulting in her stepping down and elevation of O. Panneerselvam as the chief minister. The governor of Tamil Nadu, Fathima Beevi, who administered oath to J. Jayalalithaa, was advised to step down by the union ministry, who also sent the report to the President of India.

The Colour TV case was a legal case against J. Jayalalithaa, the late Chief Minister of Tamil Nadu, a state in South India from 1991–1996. J.Jayalalithaa, her associate VK Sasikala, and her ministerial colleague T. M. Selvaganapathy were charged with misusing their office to buy colour televisions at a higher price than quoted, then receiving substantial kickbacks. Jayalalithaa, Sasikala, and seven others were arrested and remanded to judicial custody on 7 December 1998. The case and chargesheet were filed during the Dravida Munnetra Kazhagam (DMK) government headed by M. Karunanidhi in 1998. On 30 May 2000, Jayalalithaa and Sasikala were acquitted while a lower court convicted Selvaganapathy and six others and sentenced them to five years of rigorous imprisonment with a fine of ₹10,000. It was one of the first instances where an ex-chief minister was arrested and sent to jail and one of the earliest examples of the conviction of a Member of Parliament in a corruption case. Selvaganapathy was a member of Parliament from the Tiruchengode constituency in Lok Sabha at the time of the verdict.

Operation Kamala is a term coined in 2008, when former minister G. Janardhana Reddy used a method to secure support from legislators bypassing the Anti-Defection Law, so as to take BJP past the majority number.

Chandrakant Bellad is the former member of Karnataka Legislative Assembly and an Indian Politician. He first contested 1983 Karnataka Legislative Assembly elections as a Janata Party candidate from Dharwad Assembly constituency and lost by a wafer thin margin of 132 votes against S. R. Morey of Indian National Congress. Later he defeated the same candidate and emerged victorious in 1985 Karnataka Legislative Assembly elections. He unsuccessfully contested against then 3-time Indian National Congress MP D. K. Naikar from Dharwad North Lok Sabha constituency during 1991 Indian general elections. Despite not having any BJP MLA from then Dharwad district, Chandrakant Bellad gave a close fight by getting 29% votes which was just 22,209 less than D. K. Naikar. He was elected to Karnataka Legislative Assembly from Dharwad Assembly constituency) in 1994 and 1999. He also represented Hubli-Dharwad West from 2008 to 2013. He was the President of Border Area Development Authority from 2008 to 2013. He announced retirement from active politics before 2013 Karnataka Legislative Assembly elections.

References

  1. ↑ Mandhani, Apoorva. "Seven Additional Judges Of Karnataka High Court Made Permanent". Live Law. Retrieved 2 November 2018.
  2. 1 2 "J Jayalalithaa's DA case: John Michael Cunha, the judge who made history". Economic Times. 28 September 2014. Retrieved 1 October 2014.
  3. 1 2 "Spotlight shines on no-nonsense judge Michael D'Cunha yet again". Deccan Herald. 28 September 2014. Retrieved 1 October 2014.
  4. ↑ "Judge Cunha who convicted J Jayalalithaa is new Registrar General of Karnataka High Court". The News Minute. 1 June 2015.
  5. ↑ "கர்நாடக உயர்நீதிமன்ற நீதிபதியானார் குன்ஹா! - Judge JM D'Cunha is new justice of Karnataka HC". vikatan.com/. 11 November 2016.
  6. ↑ "Justice John Michael D'Cunha elevated as High Court judge". mangaloretoday.com.
  7. ↑ "Served without fear or favour, says Justice Cunha". The New Indian Express.
  8. ↑ Plumber, Mustafa (1 April 2021). ""Serious Allegations ": Karnataka High Court Vacates Stay, Orders Thorough Investigation Against Karnataka CM BS Yediyurappa in 'Operation Kamala' case". www.livelaw.in.
  9. ↑ Biju, Rintu Mariam. "Karnataka High Court allows probe against Chief Minister BS Yediyurappa in 'Operation Kamala' case". Bar and Bench - Indian Legal news.
  10. ↑ "From trial court verdict by John Michael D'Cunha". Frontline. Retrieved 30 October 2020.
  11. ↑ "Live: Jayalalithaa jailed for 4 years in disproportionate assets case, fined Rs.100 crore". India Today. 27 September 2014. Retrieved 1 October 2014.
  12. ↑ "Jayalalithaa's DA case: Trial court order not sustainable in law, says HC". PTI. 11 May 2015. Retrieved 5 November 2020.
  13. ↑ Murari, S. "Supreme Court Verdict Is A Strong Indictment Of Jayalalithaa's Legacy…". Outlook. Retrieved 5 November 2020.
  14. 1 2 "Idgah Maidan belongs to HDMC, rules SC - Times of India". The Times of India.
  15. ↑ "The story behind Idgah Maidan row". Sify. Archived from the original on 14 March 2017.
  16. 1 2 "A 'tainted' Chief Minister". Frontline. Retrieved 4 October 2014.
  17. 1 2 3 "Court rejects Uma Bharti's plea – PTI". Times of India. 23 August 2004. Retrieved 1 October 2014.
  18. ↑ "Uma Bharti surrenders over riot case in Hubli". Gulf News. Reuters. Retrieved 6 October 2014.
  19. ↑ "Court allows withdrawal of case against Uma Bharti – PTI". Rediff. 6 September 2004. Retrieved 1 October 2014.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.