Know Thy Judge | Supreme Court of India: Justice Ahsanuddin Amanullah

Justice Ahsanuddin Amanullah is the sitting judge of the Supreme Court of India. He has been active in the legal scene since 1991 and has served in judicial capacity in Patna High Court and Andhra Pradesh High Court.

Early Life and Education¹

Justice Ahsanuddin Amanullah was born on 11-05-1963. Justice Amnuallah earned his LL.B. degree from Patna Law College after graduating with a Bachelor of Science (Chemistry Honours).

Career Trajectory²

As an Advocate

On 27-09-1991, Justice Amanullah joined as an Advocate with the Bihar State Bar Council and quickly rose through the ranks. He was in regular practice in the Patna High Court but also appeared before the Supreme Court of India and the Delhi High Court, Calcutta High Court and Jharkhand High Court in Constitutional, Civil, Criminal, Service, Taxation, Co-operative, Labour, Corporate and forest matters.

Justice Ahsanuddin Amanullah became well-known for his knowledge of constitutional and service law. He has also appeared before the Central Administrative Tribunal, the Commercial Taxes Tribunal, District Courts, the District Consumer Disputes Redressal Forum and arbitration matters.

Justice Amanullah served as Standing Counsel to the Government of Bihar from March 2006 till August 2010. He was appointed as Government Advocate for the State of Bihar from August 2010 till his elevation to the Bench.

Justice Amanullah represented the District Administration before the Dalsingsarai (Samastipur) Firing Enquiry Commission and the Income Tax Department of the Government of India in the Jharkhand High Court in Ranchi.

Justice Ahsanuddin Amanullah has represented and appeared for the Indian Railways, Unit Trust of India, Union Bank of India, RITES (previously Rail India Technical and Economic Services Limited), Indian Railway Catering and Tourism Corporation Limited (IRCTC), Bihar State Housing Board, Bihar State Electricity Board, Bihar State Textbook Publishing Corporation, Bihar State Cooperative Bank Limited, Bihar State Cooperative Marketing Union Limited (BISCOMAUN), Bihar Cooperative Land Development Bank Limited, Bihar State Agricultural Marketing Board, Bihar State Housing Cooperative Federation, Bihar State Credit and Investment Corporation (BICICO), Commercial Taxes Department (Government of Bihar), Magadh University at Bodh Gaya, Veer Kuer Singh University at Arrah, Samsung Corporation (Engineering & Construction Group), Mahindra and Mahindra, Bihar Industrial Area Development Authority, Bihar State Health Society etc. before various judicial and quasi-judicial fora, primarily the Constitutional Courts.

Justice Amanullah was empaneled by the Patna Legal Aid Committee for Criminal Appeals. He was Assistant Returning Officer for elections to the Bihar State Bar Council in 2002 and the Jharkhand State Bar Council in 2006. Justice Amanullah was amicus curiae in matters of significance. He was also associated with social issues pro bono.

Did You Know? Justice Ahsanuddin Amanullah has been instrumental in drafting and vetting subordinate and delegated legislation for various Acts passed by the Bihar Legislature.³

Memberships and Chairmanships⁴

Justice Ahsanuddin Amanullah served as a Member and Head/Chairman of many committees in his career:

• He was the Chairman of the Patna High Court Juvenile Justice Monitoring Committee.

• He served as a member of the Board of Governors of the Bihar Judicial Academy in Patna.

• He was the Chairman of the Patna High Court Legal Services Committee.

• On 08-11-2021, he was appointed as the Executive Chairman of the Andhra Pradesh State Legal Services Authority.

As a Judge

Justice Amanullah was elevated as Judge, Patna High Court on 20-06-2011. He was transferred to the High Court of Andhra Pradesh on 10-10-2021. He was again re-transferred to Patna High Court on 20-06-2022. He was elevated to the Supreme Court on 04-02-2023 and took the oath of office on 06-02-2023⁵. Justice Ahsanuddin Amanullah has been elevated directly to the Supreme Court without serving as Chief Justice of any High Court.

Notable Supreme Court Decisions of Justice Ahsanuddin Amanullah⁶

Register all migrants on e-Shram portal for Ration Card within 3 months: Supreme Court

The bench of MR Shah* and Ahsanuddin Amanullah, JJ has directed States/UTs to issue ration cards to the left out migrants on eShram portal within 3 months by giving wide publicity and approaching the migrants through the office of the concerned Collector of the District so that more and more registrants on eShram portal are issued the ration cards and get the benefit of the benevolent schemes floated by the UOI and the State Government including the benefit under the National Food Security Act. Read More..

[In re, Problems and Miseries of Migrant Labourers, 2023 SCC OnLine SC 456]

‘Lawyers cannot go on strikes'; Supreme Court asks High Courts to constitute Grievance Redressal Committee to hear genuine grievance

The bench of MR Shah* and Ahsanuddin Amanullah, JJ has reiterated that no member of the Bar can go on strike and/or abstain himself from court working and has hence, requested all the High Courts to constitute Grievance Redressal Committee in their respective High Courts. Read More..

[District Bar Association Dehradun v. Ishwar Shandilya, 2023 SCC OnLine SC 457]

SC directs all Courts and Tribunals to number paragraphs in Orders and Judgments in seriatim

While hearing an appeal against the order of Punjab and Haryana High Court wherein, the appellant's petition to quash his trial and consequential orders to release the pensionary and other benefits was dismissed, the Division-Judge Bench of Krishna Murari and Ahsanuddin Amanullah*, JJ., allowed the appellant's appeal and quashed the impugned order of the High Court allowing him to retain pension benefits. The Court gave additional directions for Judgment writing to all the Courts and Tribunals. Read More..

[B.S Hari Commandant v. Union of India, 2023 SCC OnLine SC 413]

‘Pension cannot be denied dehors the authority of law'; SC sets aside BSF Commandant's conviction, allows him to retain superannuation benefits

In a criminal appeal against the order of Punjab and Haryana High Court wherein, the appellant's petition to quash his trial and consequential orders to release the pensionary and other benefits was dismissed, the Division-Judge Bench of Krishna Murari and Ahsanuddin Amanullah*, JJ., allowed the appellant's appeal and set aside his conviction order and allowed the appellant to retain the pension benefits. Read More..

[B.S Hari Commandant v. Union of India, 2023 SCC OnLine SC 413]

Supreme Court issues notice to Intelligence Officer for non-compliance of Section 50 of the NDPS Act

By way of Special Leave Petition, the petitioner had challenged the order passed by the Madras High Court which had partly allowed the appeal preferred by the petitioner and had upheld the judgment of conviction against the petitioner for the offence punishable under Section 8(c), Section 21(c), Section 25, Section 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (‘NDPS') and sentenced him to rigorous imprisonment for a period of 10 years. As per the custody certificate, the petitioner has already undergone a period of 8 years and 10 months of actual conviction. The division Bench of Abhay S. Oka and Ahsanuddin Amanullah J.J., issued notice to the State by the Intelligence Officer. Read More..

[Mohammed Imran Mansoori v. State by the Intelligence Officer, 2023 SCC OnLine SC 372]

Protection of Wild/Captive Elephants| Supreme Court empowers High-Powered Committee constituted by Tripura High Court; extends jurisdiction to PAN India

In a Miscellaneous Application seeking clarification of Court's order restricting the transfer/sale/gift/entrustment of elephants being confined to Karnataka, the Division Bench of Krishna Murari and Ahsanuddin Amanullah, JJ. referred to other PILs filed before various High Courts and upheld the Tripura High Court's decision of constituting a High-Powered Committee and extended its powers across the Country in the public interest and for the advancement of the cause of welfare, care and rehabilitation of wild animals. Read More..

[Muruly M.S. v. State of Karnataka, 2023 SCC OnLine SC 224]

Supreme Court grants anticipatory bail to accused without imposing any condition of deposit of revenue loss

In an appeal arises out of judgment and order dated passed by Uttaranchal High Court rejecting the anticipatory bail of the appellant/accused in connection with summons issued by Deputy Commissioner State (GST) under Section 70 of the Uttarakhand Goods and Services Tax/Central Goods and Services Tax Act, 2017 (‘GST Act'), the division bench of Krishna Murari and Ahsanuddin Amanullah, JJ. granted anticipatory bail to the accused without imposing any condition as suggested by Additional Solicitor General and set aside the judgment and order dated passed by Uttarakhand High Court. Read More..

[Rajesh Kumar Dudani v. State of Uttarakhand, 2023 SCC OnLine SC 128]

Supreme Court grants anticipatory bail to 85% disabled accused in cheating case

In a special leave petition filed against the judgment and order of the Rajasthan High Court, wherein the Court refused to grant the benefit of anticipatory bail to the accused., the division bench of Krishna Murari and Ahsanuddin Amanullah, JJ. has granted anticipatory bail to the accused. Read More..

[Prem Singh v State of Rajasthan, 2023 SCC OnLine SC 128]

Notable Decisions of the High Courts

Patna High Court| Women have right to marry anyone of choice; Family/Societal Recognition not required under law

Right to choose a life partner on attaining a majority is inherent under the Right to Life and Personal Liberty enshrined under Article 21 of the Constitution. A recent judgment was given by the Division Bench of Ahsanuddin Amanullah, and Purnendu Singh, JJ., observed that intimate relationships between two consenting majors do not require societal recognition to get recognized under the law. Therefore, the Bench held that a girl who has attained the age of majority has the right to choose a life partner and form a family.Read More..

[Amit Raj v. State of Bihar, 2022 SCC OnLine Pat 1671]

Special 5-Judge Bench of Patna HC directs to demolish entire building of newly erected Waqf Bhawan constructed in proximity of Centenary Building of the HC; Justice Ahsanuddin Amanullah dissents

A Special 5-Judges Bench comprising of Ashwani Kumar Singh, Vikash Jain, Ahsanuddin Amanullah, Rajendra Kumar Mishra and Chakradhari Sharan Singh, JJ., had by the majority of 4:1, directed to demolish the entire building of newly erected Waqf Bhawan which was constructed in proximity of the northern side of the newly inaugurated Centenary Building of the Patna High Court. The Court opined. “The structure has been constructed in utter and brazen violation of provisions of law across statutes, starting from Section 32 of the Central Act, through the various provisions of the Municipal Act, and finally Bye-law 21, as discussed above, and must be held to be illegal and non-est from the word go.” Read More..

[[Suo Motu cognizance taken by the Court vide order dated 01-03-2021 of a structure on the north side adjacent to the Centenary Building of the Patna High Court which came up during Covid-19 Pandemic, In Re., 2021 SCC OnLine Pat 1633]

Andhra Pradesh High Court upholds and modifies conviction from S. 302 to 304 Part II IPC for lack of premeditation or intention to kill

In an appeal filed against the judgment dated 16-04-2015 passed by the Special Judge for Trial of Cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the appellant, having been found guilty of the offence under Section 302 of the Penal Code, 1860 has been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/- and in default thereof to undergo two years’ simple imprisonment, a division bench of Ahsanuddin Amanullah and G Ramakrishna Prasad, JJ., upholds the conviction of the appellant for the action of causing the deceased’s death but modifies such conviction from Section 302 of IPC to Section 304- Part II of IPC as there was no premeditation nor an intention to kill the deceased.

[Harijana Katthi Krishna v State of Andhra Pradesh, 2022 SCC OnLine AP 563]

Andhra Pradesh High Court upholds conviction under Contempt of Courts Act due to wilful disobedience of the order

In an appeal filed under Section 19(1) of the Contempt of Courts Act, 1971 by way of which the appellant impugns the judgement and order dated 21-10-2021 passed by the Single Judge in a contempt case, whereby the appellant, upon his conviction for having committed contempt of Court, has been sentenced to undergo simple imprisonment for a period of four weeks and subjected to a fine of INR 2,000/- payable within two weeks from the date of the order, failing which he would be liable for further simple imprisonment of two weeks. A division bench of Ahsanuddin Amanullah and B Krishna Mohan JJ., upholds conviction of the appellant however, owing to his unblemished track record in his long career, modified the impugned order by increasing the fine to Rs. 10,000/- (Rupees Ten Thousand) and reducing the imprisonment awarded to one week.

[N Prateep Kumar v M Jagadish Chandra Prasad, 2022 SCC OnLine Del 512]

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