Who is Justice Abdul Nazeer, new Governor of Andhra Pradesh

AMARAVATI: Former Judge in the Supreme Court of India and Former Permanent Judge in the Karnataka High Court, Justice Syed Abdul Nazeer was appointed the Governor of Andhra Pradesh on February 12, 2023, succeeding Biswabhushan Harichandan.

In his six years tenure as a Supreme Court Judge - from 2017 to 2023, Abdul Nazeer was part of critical judgements passed in latest Indian history. Being the only minority judge in the SC during his tenure, he was part of two Constitutional Benches that passed verdicts on cases that have essentially impacted the Hindu and Muslim communities. He also played an important role in upholding the demonetisation decision of the Central Government.

The Triple Talaq Case

Being the only Muslim in the five-member Bench that heard the Triple Talaq case, where Shayara Bano, who was divorced by her husband by saying the ‘Talaq’ thrice, sought justice claiming that her Right to Equality was violated.

During the hearings, Justice Abdul Nazeer and Chief Justice JS Khehar argued to hold the practice, stating that it was permissible under the Muslim Sharia Law and that it was protected by the Right to Freedom of Religion.

However, with a 3:2 majority, the ‘Triple Talaq’ was declared unconstitutional and ‘manifestly arbitrary’ as it blatantly violated women’s rights.

The Ayodhya - Babri Masjid Case

A five-member Bench comprising Chief Justice Ranjan Gogoi, Chief Justice DY Chandrachud, Chief Justice Sharad Bobde, Justice Abdul Nazeer and Justice Ashok Bhushan, that was formed for the prolonged Ram Janmabhoomi - Babri Masjid case, paved way for the construction of Ram Mandir and allocated a new space for the construction of a mosque.

Being the only Muslim on this Bench, Justice Abdul Nazeer gave a Minority Statement involving questions for the larger bench whether the place of practise of religion was essential and integral.

Justice Abdul Nazeer, after being involved in controversial judgements, was assigned high security with the fear of retaliation against him and his family.

Indian Banknote Demonetisation

In 2023, the last few days before his retirement, Justice Abdul Nazeer led a five-member Bench on 2016 Central Government’s decision of banning Rs 1,000 and Rs 500 notes and introducing new notes.

The bench, with a 4:1 majority, said that the decision ‘did not suffer illegality’, and that such an economic policy could not be reversed.

Right to Freedom of Speech

Justice Nazeer also led a Constitutional Bench which was hearing cases on whether restrictions have to be imposed on Right to Freedom of Speech for Ministers, MLAs and other high office bearers, who often passed statements which violate certain sentiments.

The bench passed the judgement stating that no additional restrictions, other than those already mentioned in the Constitution should be imposed for any high office bearers.

Aadhar Card Case

Syed Abdul Nazeer was the part of the bench which sat on the Case filed by petitioners that Aadhar card mandating was a violation of Right to Privacy and was conducive to mass surveillance. However, the bench passed a 4:1 verdict upholding the Aadhar Act. Justice Nazeer supported the Act while Justice DY Chandrachud was the single dissenting judge.

After serving as a Judge in the Supreme Court for six years and being part of many critical judgments in Indian history, Syed Abdul Nazeer retired on January 4, 2023. He is now the Governor of Andhra Pradesh and would serve the seat for at least five years.

A law graduate from SDM Law College, Mangalore, Abdul Nazeer was first appointed as an Additional Judge in the Karnataka High Court in 2003 and later to Permanent Judge in the same court. In 2017, he was appointed as a Judge in the Supreme Court. S Abdul Nazeer was one of the only three judges to be elevated to become a Supreme Court judge without being the Chief Justice of a State’s high court.