Judgments of HIMA KOHLI, Judge Supreme court of India (Retd.)


Chambers of Ishaan Garg

Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054

+91 8851742417, +91 8800386163


When she was transferred to the Telangana High Court and earned the distinction of becoming First woman Chief Justice of Telangana H.C.


1. Supriyo Supriyo v. Union of India, 2023 (LGBTQIA+)

"While we agree, that there is a right - which we will characterise as a 'right to relationship' to avoid confusion – we squarely recognise it to fall within Article 21, as already recognised in the afore-cited cases. The right to relationship here, includes the right to choose a partner, cohabit and enjoy physical intimacy with them, to live the way they wish to, and other rights that flow from the right to privacy, autonomy and dignity."


2. Aureliano Fernandes vs State Of Goa, 2023 (POSH)

Object of POSH will remain unfulfilled unless there is strict adherence to its enforcement regime.


✓  A slew of directions for proper implementation of the POSH Act.

✓ Directed the Union Government, State Governments and Union Territories to verify if all the Ministries, Departments, other government bodies had constituted committees.

✓ Bar Council of India, National Medical Commission, Institute of Chartered Accountants of India were directed to constitute such committees.

 

 3. Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons (Decongestion of Prisons)

✓ States/Union Territories across India were directed to constitute District-level Committees to assess and report on available infrastructure in jails and give a decision on the number of additional jails required in terms of the Model Prison Manual, 2016.

✓ As per Amicus the exercise was done for the first time from Judicial, Police, adminstrative DLSA sides that Yes there is overcrowding.

✓ Overcrowded prisons were not the idea of punishment- 

Nothing could be more important than the fact that, maybe a person's right to moving around freely is curtailed but doesn't mean he/she has to stay in a place which is so dingy, so difficult, so crowded, in such conditions that the person goes out more ill...That's not the idea of punishment"


 4. Indian Medical Association v. Union of India, 2024 (Patanjali Misleading Ads)


Fundamental Right to Health encompasses the right of a consumer to be made aware of the quality of products being offered for sale by manufacturers, service providers, advertisers and advertising agencies.


5. Government of NCT of Delhi vs Union of India 2023 (Delhi Govt. Control over 'Services')

✓ Federalism 

Importance of federal structure of the country was also underlined by the bench, saying that it shall be ensured that governance of State is not taken over by the Union.

 ✓ If the officers felt insulated from the control of the government, it would dilute accountability and affect governance. Thus, 'in a democratic form of government, real power of administration must rest with the elected arm' of the government.


HELD- National Capital Territory of Delhi had legislative and executive power over administrative services in the National Capital, excluding matters relating to public order, police and land.


6. On Independence Of Judiciary (Speech)

"Absent the judiciary's role of maintaining checks and balances, democratic institutions would be vulnerable to corruption, abuse of power and erosion of the trust of the citizen in the government".