Meet Justice Pankaj Mithal and his Notable Judicial decisions
- ByPravleen Kaur --
- 18 Jun 2025 --
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Justice Pankaj Mithal, born on June 17, 1961, is a sitting judge of the Supreme Court of India, elevated to the apex court in February 2023. Before his Supreme Court tenure, he served as Chief Justice of the Rajasthan High Court and the Common High Court for Jammu & Kashmir and Ladakh. Justice Mithal is recognized for his expertise in civil law, particularly in land acquisition, rent control, education, and labor matters. He is also known for his scholarly approach and administrative acumen.
Justice Mithal’s judicial philosophy emphasizes procedural fairness, substantive rights, and the protection of natural justice. He has been involved in several landmark Supreme Court decisions that have clarified important aspects of Indian law.
Notable Judicial Decisions:
High Court Bar Association, Allahabad v State of Uttar Pradesh (2024):
Justice Mithal was part of the Constitution Bench that overturned the 2018 Asian Resurfacing judgment, which had mandated the automatic vacation of stay orders after six months unless extended by the High Court. Mithal concurred with the majority, emphasizing that due process must be followed before vacating a stay and that the rights of litigants cannot be compromised by arbitrary timelines. This decision restored the principle that procedural fairness and judicial discretion must not be curtailed by rigid rules.
State of Punjab v Davinder Singh (2024):
On a seven-judge bench, Justice Mithal supported the constitutional validity of sub-classification within Scheduled Castes for reservation purposes. He reasoned that such sub-classification ensures the most disadvantaged groups within Scheduled Castes benefit from affirmative action, reflecting the need for periodic reassessment of reservation policies to move toward a casteless society.
Manisha Mahendra Gala v Shalini Bhagwan Avatramani (2024):
In this case on easementary rights, Justice Mithal held that the appellants had not acquired an easementary right over a disputed road, clarifying the requirements for establishing such rights and reinforcing the importance of lawful possession.
Dani Wooltex Corporation v Sheil Properties (P) Ltd. (2024):
Justice Mithal, with Justice Oka, clarified that arbitral proceedings can only be terminated under Section 32(2)(c) of the Arbitration and Conciliation Act if it is impossible or unnecessary to continue, thereby protecting the integrity of arbitration processes.
Gobind Rai v State of U.P. (2023):
Justice Mithal stayed a controversial Allahabad High Court order directing astrological testing of a rape victim, upholding the dignity and rights of survivors.
Justice Mithal’s judgments reflect a commitment to due process, constitutional values, and the rights of the marginalized, making him a significant voice in contemporary Indian jurisprudence.
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