Sunita Agarwal
The Honourable Sunita Agarwal | |
|---|---|
| Chief Justice of Gujarat High Court | |
| Assumed office 23 July 2023 | |
| Nominated by | Dhananjaya Y. Chandrachud |
| Appointed by | Droupadi Murmu |
| Judge of Allahabad High Court | |
| In office 21 November 2011 – 22 July 2023 | |
| Nominated by | S. H. Kapadia |
| Appointed by | Pratibha Patil |
| Personal details | |
| Born | 30 April 1966 |
| Alma mater | Awadh University |
| Source: [1] | |
Sunita Agarwal (born 30 April 1966) is an Indian judge. She is the incumbent Chief Justice of Gujarat High Court and a former judge of the Allahabad High Court.[1]
Early life and education
Sunita Agarwal was born on April 30, 1966.[1] She earned a Bachelor of Science (B.Sc.) degree from the University of Lucknow in 1986.[2] Agarwal then completed a Bachelor of Laws from Awadh University in 1989.[1]
Career
Legal career
Agarwal enrolled as an advocate with the Bar Council of Uttar Pradesh on 16 December 1990. She practiced law primarily at the Allahabad High Court for 21 years.[3] Her legal practice focused on Civil, Writ, Original, and Commercial jurisdictions, and she handled various civil and commercial litigation cases prior to her elevation to the judiciary.[2][4]
Judicial career
Agarwal was appointed an additional judge of the Allahabad High Court on 21 November 2011.[2] She became a permanent judge of the court on 6 August 2013.[2] In April 2023, as the most senior judge of the Allahabad High Court, Agarwal was appointed as the Executive Chairperson of the State Legal Services Authority, Uttar Pradesh.[2]
On 5 July 2023, the Supreme Court Collegium recommended Agarwal for the position of Chief Justice of the Gujarat High Court. She was appointed on 19 July 2023 and formally sworn in as the 29th Chief Justice on 23 July 2023.[5] Her appointment was significant as she became the second woman to serve as Chief Justice of the Gujarat High Court, succeeding Justice Sonia Gokani. At the time of her swearing-in, she was the only female Chief Justice among all twenty-five High Courts in India.[6]
High Court judgeship
Notable judgements
During her tenure as a justice on the Allahabad High Court, Agarwal presided over both Single and Division Benches, handling matters regarding constitutional law, civil and criminal appeals, and service disputes.[2]
Notable rulings included:
Maintenance rights (2017)
In a 2017 judgment concerning Section 125 of the CrPC, Agarwal set aside a Family Court order that had dismissed a wife's maintenance application. The High Court asserted that a husband's obligation to provide maintenance is "fundamental and constitutional," ruling that a wife living separately due to cruelty or neglect is entitled to maintenance adequate to live with dignity.[7]
Anticipatory bail (2020)
In March 2020, Agarwal was part of a five-judge bench which ruled that applicants seeking anticipatory bail under Section 438 of the Code of Criminal Procedure (CrPC) are not required to approach the sessions court before applying to the High Court.[8] The bench held that while "special circumstances" must be established, the CrPC does not mandate a hierarchy for such applications.[8]
Territorial jurisdiction (2020)
In May 2020, Agarwal served on a three-judge bench that clarified the maintainability of writ petitions against authorities located outside Uttar Pradesh. The court ruled that jurisdiction is determined by where the cause of action arises, "wholly or in part," rather than the petitioner's place of residence.[9]
COVID-19 relief (2020)
In June 2020, a two-judge bench, including Agarwal, ordered the release of individuals arrested for violating social distancing protocols while distributing food to COVID-affected individuals. The court observed that public awareness was preferable to incarceration, particularly given prison overcrowding during the pandemic.[10][11]
Administrative and other roles
Agarwal held several administrative positions within the Allahabad High Court. Since 2016, she has served on committees overseeing infrastructure, jail reforms, and the expeditious disposal of criminal cases.[2]
In 2018, Agarwal and Judge Naheed Ara Moonis were appointed to a panel to hear complaints concerning sexual harassment at the Allahabad High Court. The panel was appointed in compliance with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.[12][13]
Zhenhua data leak
In September 2020, the Indian Express disclosed that Agarwal was one of 30 judges, as well as several other Indian political leaders, CEOs, sportsmen and women, who were being monitored in a mass surveillance project by Zhenhua Data, a Shenzhen-based analytics company. The news of the Zhenhua data leak was widely reported, with several Indian newspapers suggesting that Zhenhua Data had close links to the Chinese government, in the context of the 2020 China-India skirmishes.[14][15][16]
References
- ^ a b c "Hon'ble Mrs. Justice Sunita Agarwal". Allahabad High Court.
- ^ a b c d e f g "Patron in Chief | Gujarat State Legal Services Authority (GSLSA) | India". Retrieved 2 December 2025.
- ^ www.ETLegalWorld.com. "Justice Sunita Agarwal sworn in as 29th Chief Justice of Gujarat High Court". ETLegalWorld.com. Retrieved 2 December 2025.
- ^ Sucheta (25 July 2023). "Know Thy Judge | Justice Sunita Agarwal: Second Woman Chief Justice of Gujarat High Court". SCC Times. Retrieved 2 December 2025.
- ^ PTI (23 July 2023). "Justice Sunita Agarwal sworn in as 29th Chief Justice of Gujarat High Court". National Herald. Retrieved 2 December 2025.
- ^ Sucheta (25 July 2023). "Know Thy Judge | Justice Sunita Agarwal: Second Woman Chief Justice of Gujarat High Court". SCC Times. Retrieved 2 December 2025.
- ^ "Sunita Agarwal v. State Of U.P. , Allahabad High Court, Judgment, Law, casemine.com". www.casemine.com. Retrieved 2 December 2025.
- ^ a b "Under special circumstances one can directly approach HC for anticipatory bail Allahabad HC". The Week. Retrieved 4 November 2020.
- ^ "Petitioner's residence alone can't determine court's jurisdiction: Allahabad HC". Hindustan Times. 6 May 2020. Retrieved 4 November 2020.
- ^ "Make people aware about fallout of lockdown violation : Allahabad HC to police". Outlook India. Retrieved 4 November 2020.
- ^ Rashid, Omar (24 June 2020). "COVID-19 | Create awareness instead of putting people in jail for norms violation, says Allahabad HC". The Hindu. ISSN 0971-751X. Retrieved 4 November 2020.
- ^ "Panel Set up to Probe Sexual Harassment Complaints in Courts". The New Indian Express. 22 December 2013. Retrieved 4 November 2020.
- ^ PTI (22 December 2013). "Panel set up to probe sexual harassment complaints in courts". @businessline. Retrieved 4 November 2020.
- ^ "CJI to top regulators, serving and retired: 30 judges on China-monitored list". The Indian Express. 15 September 2020. Retrieved 4 November 2020.
- ^ "China watching: President, PM, key Opposition leaders, Cabinet, CMs, Chief Justice of India…the list goes on". The Indian Express. 15 September 2020. Retrieved 4 November 2020.
- ^ "30 judges on China-monitored list! From CJI to top regulators, serving and retired on dragon's radar". The Financial Express. 15 September 2020. Retrieved 4 November 2020.