CJI Sanjiv Khanna’s Uncle Could Have Been CJI, But Indira Gandhi Denied Him the Position: Here’s Why?

Varahi media.com online news ,12 November 2024:Justice Sanjiv Khanna recently took oath as the 51st Chief Justice of India at a ceremony held at Rashtrapati Bhavan

Varahi media.com online news ,12 November 2024:Justice Sanjiv Khanna recently took oath as the 51st Chief Justice of India at a ceremony held at Rashtrapati Bhavan, succeeding Justice DY Chandrachud. The ceremony was attended by several dignitaries, including President Droupadi Murmu, Vice-President Jagdeep Dhankhar, Prime Minister Narendra Modi, Defence Minister Rajnath Singh, Law Minister Arjun Ram Meghwal, and former CJI JS Khehar.

However, what sparked controversy was the absence of opposition leader Rahul Gandhi, which the ruling Bharatiya Janata Party (BJP) linked to the events surrounding Justice Khanna’s uncle, Justice HR Khanna. In 1977, Justice HR Khanna, despite being the senior-most judge, was passed over for the position of Chief Justice of India by Indira Gandhi’s government. The story behind this decision is tied to his stance during the Emergency period, which ultimately cost him the top legal post.

Who Was Justice HR Khanna?
Justice Hans Raj Khanna, born in 1912, was appointed as a district and sessions judge in 1952 and went on to serve in the Delhi and Punjab High Courts. He was elevated to the Supreme Court in 1971 and was considered for the position of Chief Justice of India in 1977.

The ADM Jabalpur Case
During the Emergency (1975-1977), Indira Gandhi’s government suspended fundamental rights under Article 359, leading to widespread detentions without trials. One such case was that of Shivkant Shukla, whose detention was challenged in the ADM Jabalpur case (also known as the Habeas Corpus case). The question before the court was whether citizens’ right to move the courts for enforcement of their liberty under Article 21 could be suspended during an Emergency.

A bench consisting of Chief Justice AN Ray and Justices Beg, Chandrachud, Bhagwati, and HR Khanna deliberated on this issue. The majority ruled 4:1 that citizens could not seek judicial remedy during an Emergency. The dissenting opinion came from Justice HR Khanna.

Justice HR Khanna’s Stance
Justice Khanna stood alone in defending personal liberty, arguing that even during an Emergency, the rights to life and liberty should remain sacrosanct. He famously questioned, “Would there be any remedy if a police officer, because of personal enmity, killed another man?” His dissenting opinion highlighted the grave consequences of detentions without trial, describing it as anathema to those who value personal liberty. He later recalled in his autobiography that he knew his judgment would cost him the position of Chief Justice.

Indira Gandhi Denied Him the Top Post
Despite being the senior-most judge in 1977, Justice Khanna was passed over for the CJI post when Chief Justice AN Ray retired. The Indira Gandhi government appointed Justice MH Beg instead. Justice Khanna resigned in protest, and his decision was widely criticized. In later years, he served as the Chairman of the Law Commission and briefly as the Law Minister under Prime Minister Charan Singh, but he never returned to the position he had been denied.

Justice DY Chandrachud’s Tribute to HR Khanna
In 2017, Justice DY Chandrachud, while affirming that the right to privacy is a fundamental right, praised his father’s colleague, Justice HR Khanna, for his unwavering commitment to personal liberty during the Emergency. This marked a recognition of Justice Khanna’s role in safeguarding fundamental rights, which was later seen as a beacon of India’s commitment to democracy and freedom.