Justice delivered outside the rule of law is just another form of injustice” – Justice B Kemal Pasha
About
Born on May 25th, 1956 in the Village of Anchal in Kerala’s Kollam District, he grew up with a deep respect of law and justice. He pursued his early education at the Government U.P School Vadamon, and later at the Government High School, Anchal. His academic journey led him to the St.John’s College, Anchal, before he earned his LL.B from the Government Law College, Thiruvananthapuram. Later he completed LL.M from the Mahatma Gandhi University, Kerala. His carrier in law began in 1979, when he enrolled as an advocate, training under the seasoned legal mind of Advocate P. Vijayaraghavan. From the start, Pasha demonstrated a sharp legal intellect and a passion for fairness, qualities that would define his career in the judiciary. In 1995, Pasha was the first one who was directly selected from Kollam District as a District and Sessions Judge to the Kerala Higher Judicial Service. On 18th August 19995, Pasha took the role of the Second Additional District and Sessions Judge, Ernakulam, marking the beginning of his judicial tenure.
Over the years, he held several key positions across Kerala, including:
Additional District & sessions Judge, Ernakulam, Thiruvananthapuram, Kozhikode and Kottayam
Special Judge for SPE/CBI, Ernakulam
Principal District & sessions Judge, Thiruvananthapuram, Thrissur and Ernakulam
Registrar General of the High Court of Kerala.
Landmark Judgments & Interventions
During his tenure, Justice pasha delivered several landmark rulings, many of which still resonate in legal discussions even today.
Ordered CBI investigation in several politically motivated murder cases.
Dealt with the corruption case against K.M Mani, the then Finance minister of Kerala, which led to his resignation.
Landmark judgement in Soumya murder case.
Dealt with the case against Cardinal Alanchery.
He is known for his remark in the Indian Express Daily “I am bold, but not controversial”.
Notable Legal Standpoints
Most judges retire and step away from the public eye. Justice pasha did the opposite. His post retirement years have been as impactful as his time on the bench, as he fearlessly took on issues that others hesitate to address.
Justice Pasha has been vocal about the flaws in judicial appointment system, often calling out the “pick and choose” culture of the collegium. He has argued that merit, not family or political connection, should determine who wears the judge’s rob..
He didn’t hold back in his farewell speech at the Kerala High Court, where he criticized the growing influence of nepotism in judicial appointments, famously stating that “judgeship is not a family property to be partitioned”.
Justice Pasha has consistently supported reforms in Muslim personal law advocating for the rights of Muslim women in matters of divorce and inheritance. His progressive stance has often sparked debates within conservative circles, but he has remained resolute in his belief that justice must be gender-neutral.
He has taken strong positions on controversial cases, openly critiquing political and religious institutions that attempt to manipulate law to their advantage. His stance on high-profile cases, including ordering a CBI probe into political killings, has made him a respected (and sometimes feared) figure in Kerala’s legal and political circles.