Justice Subhro Kamal Mukherjee had a controversial stint as Chief Justice of Karnataka High Court, where the bar association sought action against him for his style of functioning that allegedly hampered the court’s administration and dispensation of justice.
Justice Mukherjee’s observation questioning the logic of describing Tipu Sultan, the 18th-century ruler of Mysore who died fighting the British, as a freedom fighter had irked historians and admirers of the king, popularly known as “Tiger of Mysore” for his valour.
Mukherjee served as Chief Justice of Karnataka High Court from February 23, 2016, to October 9, 2017. He took oath as a judge of the high court on April 15, 2015, and was appointed as acting Chief Justice on June 1 the same year.
He was not accorded the customary farewell after his retirement following a resolution passed by the Karnataka State Bar Council.
In its letter to the then Chief Justice of India, the bar council had referred to a resolution passed by Advocates’ Association Bangalore that had sought the Chief Justice’s transfer from the high court.
The council had accused Justice Mukherjee of making uncalled for remarks not in keeping with the dignity and decorum of court proceedings.
Justice Mukherjee’s remarks on Tipu came while hearing a petition against the then Congress government observing November 10 as Tipu Jayanti since 2015.
“What is the logic behind celebrating Tipu Jayanti? Tipu was not a freedom fighter but a monarch who fought the opponents to safeguard his interests,” Mukherjee had orally observed while hearing the case in November 2016, days before the state eventually went ahead and celebrated the birth anniversary of the former king of Mysore on November 10.
The division bench of Chief Justice Mukherjee and Justice R.B. Budihal had, however, disposed of a PIL against Tipu Jayanti and directed the petitioner to make a representation to the state chief secretary as it was a Cabinet decision to observe the birth anniversary of the former ruler of Mysore.
Historian and Tipu researcher Talkad Chikkarange Gowda recalled Mukherjee’s take in the court on Tipu and said it was uncalled for since it was not for a court to decide who is a freedom fighter
“It is the government, and not a court, that decides who is a freedom fighter based on a cut-off date and inputs from historians. While a judge can certainly have his personal opinion, it was very unfortunate that he aired it in the court,” Gowda said, recalling the incident that had enraged historians like him..