Justice VR Krishna Iyer, eminent jurist, dies in Kochi

Former Supreme Court judge and Kerala minister VR Krishna Iyer passed away in a hospital in Kochi on Thursday, doctors said. Iyer celebrated his 100th birthday November 15 this year. "He (Iyer) is no more. He passed away at 3.30pm," cardiologist Manu R Varma told reporters here. Iyer was in the hospital since last on Friday for treatment of pneumonia and his condition deteriorated in the past few days. He was the minister of law in the first communist government led by legendary EMS Nampoothiripad in 1957. He was also the member of the second Kerala legislative assembly. Iyer became a judge of the Kerala high court in 1968 and remained there till 1971. He was also the member of the Law Commission for two years.

In 1973, he was appointed the judge of the Supreme Court and retired in 1980. He was sworn in as the judge of the Supreme Court on July 17, 1973 and retired at the age of 65 on November14, 1980. Born to a leading criminal lawyer V.V. Rama Ayyar in 1915 in Thalassery, Justice Iyer had his education at the Basel Mission School, Thalassery, Victoria College, Palakkad, Annamalai University and Madras Law College. After starting legal practice in 1937 under his father in the Thalassery courts, he used to appear for workers and peasants in several agrarian struggle-related cases in his early years of practice.

He became a member of the Madras Legislative Assembly in 1952. He held portfolios such as law, justice, home, irrigation, power, prisons, social welfare and inland navigation in the first Communist government in Kerala headed by E.M.S. Namboodiripad that came to power in 1957. He was instrumental in passing several pieces of people-oriented legislations during his tenure as minister in the Communist government. He resumed his legal practice in August 1959 and threw himself into the legal profession after he lost the 1965 Assembly election. He was appointed a judge of the Kerala High Court on July 2, 1968. He was elevated as Judge of the Supreme Court on July 17, 1973, and retired on November, 14, 1980. He served as a Member of the Law Commission from 1971 to 1973.

His landmark judgments include the Shamser Singh case which interpreted the powers of the Cabinet vis-à-vis the President, Maneka Gandhi case which gave a new dimension to Article 21, Ratlam Municipality case, and Muthamma's case. He had pushed for reformative theory, in contrast to deterrence theory in the criminal justice system. He also received brickbats for granting conditional stay on the Allahabad High Court verdict declaring former Prime Minister Indira Gandhi's election to the Lok Sabha void.

In 2002, Justice Iyer was part of the citizen's panel that inquired into the Gujarat riots along with retired justice P.B. Sawant and others. He was conferred with Padma Vibhushan in the 1999. He had unsuccessfully contested to the post of President against Congress nominee late R. Venkitaraman in 1987. He also headed the Kerala Law Reform Commission in 2009. He has to his credit around 70 books, mostly on law, and four travelogues. Wandering in Many Worlds is his autobiography. He has also authored a book in Tamil, Neethimandramum Samanvya Manithanum. He has been actively involved in social and political life after his retirement, almost till a few weeks when ill-health and advancing age took their toll on him. His 100th birthday was celebrated in Kochi last month and a number of programmes were organised by members of the legal fraternity, citizenry and his friends and well-wishers to felicitate him. Justice Iyer's wife predeceased him. He is survived by two sons.

The body of Justice Iyer will be taken to the Rajiv Gandhi Indoor Stadium, Kadavanthra, on Friday, where members of the general public will be able to pay homage to the departed jurist, said M.G.Rajamanikyam, Ernakulam district collector. The funeral will take place at Ravipuram crematorium at 6 p.m. on Friday, he said.

Vigilance can decide registering case against Mani: HC

The vigilance director can decide registering case against Finance Minister K M Mani in the bar bribery scam, Kerala High Court opined. The vigilance director should take an independent decision after considering the report of the preliminary investigation in the case. Political intervention should not be there in the director’s decision. A division bench led by acting chief justice Ashok Bhushan said the government’s opinion should not be sought in registering the case.

The court order came after settling the pleas of CPI leader V S Sunil Kumar MLA and LDF convenor Vaikkom Viswan seeking registration of FIR against Mani. A preliminary investigation is on in the case. If a complaint is lodged to the police, a preliminary investigation will be conducted first and only if needed a case will be registered. The court pointed out that the vigilance is following the same procedures in the bar case also and so they cannot direct to register a case.

The court refused LDF’s demand to monitor the investigation. The case is only in the preliminary stage. The demand for the court to monitor the case is immature and inappropriate, the division bench pointed out. The preliminary investigation report will be submitted within a week, informed the advocate general. Bar association working president Biju Ramesh had alleged that Mani had accepted a bribe of Rs one for the closed bars to open.