Meet Justice J.K. Maheshwari and his Notable judicial decisions
- ByPravleen Kaur --
- 16 Jun 2025 --
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Justice Jitendra Kumar Maheshwari, born on June 29, 1961, in Jaura, Madhya Pradesh, is a judge of the Supreme Court of India known for his integrity, administrative acumen, and significant contributions to Indian jurisprudence. After earning his BA, LLB, and LLM from Jiwaji University, Gwalior, he began his legal career in 1985, practicing primarily at the Madhya Pradesh High Court, where he handled civil, criminal, constitutional, service, and tax matters. He was appointed as an Additional Judge of the Madhya Pradesh High Court in 2005 and became a permanent judge in 2008. Justice Maheshwari later served as the first Chief Justice of the newly established Andhra Pradesh High Court in 2019, and subsequently as Chief Justice of the Sikkim High Court before his elevation to the Supreme Court in August 2021.
Justice Maheshwari’s judicial work is marked by a strong focus on service law, criminal law, and constitutional matters. He has authored over 41 judgments and participated in more than 150 benches at the Supreme Court, with a significant portion of his decisions in service, criminal, and civil law. His tenure is also noted for his commitment to juvenile justice and legal reforms, exemplified by his leadership in national conferences on effective implementation of the Juvenile Justice Act.
Landmark Judgements
One of Justice Maheshwari’s most notable contributions is his role in several Constitution Bench decisions:
Union of India v. Union Carbide Corporation (2023): Justice Maheshwari was part of the bench that dismissed the curative petition seeking enhanced compensation for the victims of the Bhopal Gas Tragedy, upholding the finality of earlier settlements and emphasizing the principle of closure for long-standing litigation.
Shilpa Sailesh v. Varun Sreenivasan (2023): In this landmark judgement, the Constitution Bench, including Justice Maheshwari, held that the Supreme Court has the discretion to dissolve a marriage on the ground of irretrievable breakdown under Article 142 of the Constitution, even without the procedural requirement of a second motion for mutual consent divorce. This decision has had a profound impact on matrimonial law, providing relief in cases where marriages have irretrievably broken down and traditional procedures are inadequate.
Freedom of Speech Case (2024): Justice Maheshwari, along with Justice Rajesh Bindal, quashed an FIR registered against a poet for allegedly inciting enmity through a poem. The Supreme Court held that the FIR was a mechanical exercise and violated the poet’s fundamental right under Article 19(1)(a), reaffirming the importance of freedom of expression and the need to protect creative works from unwarranted criminal prosecution.
Justice J.K. Maheshwari’s judgements reflect a deep commitment to constitutional rights, procedural fairness, and social justice, making him a respected figure in the Indian judiciary
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