Not seen a finer judge than Justice Indu Malhotra, says CJI SA Bobde

She had dissented with a majority judgement in the Sabarimala case, which allowed entry of women to the Kerala temple

"I have not seen a finer judge than Justice Indu Malhotra," Chief Justice S A Bobde said on Friday, the last working, for the first woman advocate, who was elevated to the Supreme Court.

Justice Malhotra, who sat on the bench for the last time, was part of the Constitution bench on the validity of Section 377 (same-sex relationship) Section 497 (adultery) of the IPC. She had dissented with a majority judgement in the 2018 Sabarimala case, which allowed entry of women to Kerala's Sabarimala temple.

Justice Malhotra, however, turned emotional. With almost tearful eyes, she thanked the bar members.

“I retire with great satisfaction of having contributed to the system with utmost capacity.”

Justice Malhotra is one of the two-woman judges in the Supreme Court. Previously a senior advocate, Justice Malhotra joined the bench on April 27, 2018. After Saturday, Justice Indira Banerjee will be the only woman judge in the top court.

Chief Justice Bobde said he has not seen a finer judge than her and he could understand her feeling, citing that she was emotional.

Attorney-General K K Venugopal said it is sad that a Supreme Court judge has to retire at the age of 65 and cited her historic dissent in the Sabarimala temple case.

The A-G added she did a good job reminding the judiciary about constitutional morality.

Senior advocate and Supreme Court Bar Association president Vikas Singh said the retirement of judges in the top court should be increased from 65 to 70.

The Chief Justice should take steps to fill the vacancy, created after the retirement of Justice Malhotra, with a female judge, he said.

Chief Justice Bobde, for his part, said Justice Malhotra is a great role model for younger advocates and added that her judgements are filled with knowledge, sagacity and firmness.

In her response, Justice Malhotra said that she was very blessed to serve on the bench of the Supreme Court.