John Michael D'Cunha

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

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John Michael D'Cunha
Born (1959-04-07) 7 April 1959 (age 65)
Gurupura
Nationality Indian

D'Cunha was appointed an Additional Judge of the Karnataka High Court on 14 November 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 the registrar general of the Karnataka High Court. [4] On 11th Nov 2016, D'Cunha was appointed 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 D'Cunha 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]

Disproportionate 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. Bharti 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]

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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. Archived from the original on 30 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.
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