His father Dev Raj Khanna was a judge in Delhi High Court. His uncle Hans Raj Khanna was judge in Supreme Court. I wanted to make a thread of Nepotism, but an ounce of integrity stopped me. Rather, it is of good Karma. Why? Read how Sanjiv Khanna’s appointment will be a penance of a historical injustice.
In 1976, Indira Gandhi proclaimed emergency and thousands of men and women were taken into custody under MISA act. It led to infamous ADM Jabalpur vs Shivkant Shukla case, 1976. In Judicial history- this case is also known as Habeas Corpus Case 1976. What was this case? 2/
Background- In emergency, Article 359 (1) suspended Fundamental Rights. But courts were divided on this. Several High Courts started releasing prisoners of MISA by power of Writ Petitions. So, govt reached Supreme Court to decide on it once and for all in Shivkant Shukla case. It soon became a constitutional case in India. 3/
Can Government pass such arbitrary decisions? Can rights be suspended? Can the right even to file writ petitions can be suspended? The Govt presented the argument that the state can suspend any fundamental rights in emergency. Even if that includes Art 21- Right against unlawful detention. In theory, the state could even take away life as emergency allows it to. But, could the SC allow it to? 4/
5 judges bench had to decide on legality of these actions. There was a huge pressure on judiciary to decide in favour of the government under Indira Gandhi. 4 out of 5 judges controversially allowed that Govt can suspend any Fundamental Rights and people cannot question. Only 1 judge gave a strong dissent. That judge was Hans Raj Khanna, uncle of Sanjiv Khanna. 5/
HR Khanna was going to be the next Chief Justice of India. Before giving his judgement in Habeas Corpus Case, HR Khanna wrote to his sister, “I have prepared my judgment, which is going to cost me the Chief Justice-ship of India”. Justice Khanna was right. After passing the order, junior judge of Khanna— M.H. Beg was made CJI. The Govt showed its anger. 6/
MH Beg had not only sided with Govt in Habeas Corpus, he also went too far in praises that “the state is taking care of detenues like a mother”. After appointment of Beg as CJI, HR Khanna resigned. In Habeas Corpus case, he strongly warned that favouring the govt over most
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When Indira Govt fell in 1977, new Janta Party Govt asked Khanna to head the inquiry commission for injustices in Emergency. Khanna refused as he believed he would appear biased against Indira and Sanjay Gandhi. Could settle scores with Indira Gandhi, but HR Khanna was a true justice. Khanna was offered several other posts but he only headed Law Commission as he bSeveral great lawyers like Nani Palkhivala saluted the courage and integrity of HS Khanna in Habeas Corpus case. He was the first judge of SC to have his portrait in court while being alive. Justice Bhagwati who sided with Govt in 4-1 judgement later regretted his decision and apologised. 9/
Justice YV Chandrachud’s son DY Chandrachud, currently CJI, accepted that his father made a blunder in Habeas Corpus case. YV Chandrachud also sided with the Govt. In Puttaswamy Case 2017, Supreme Court finally overruled Habeas Corpus case judgement and gave preference to personal liberty and right to life over state’s arbitration. Took 41 years to reverse a historical injustice. 10/
HR Khanna was going to be the next Chief Justice of India. Before giving his judgement in Habeas Corpus Case, HR Khanna wrote to his sister, “I have prepared my judgment, which is going to cost me the Chief Justice-ship of India”. Justice Khanna was right. After passing the
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MH Beg had not only sided with Govt in Habeas Corpus, he also went too far in praises that “the state is taking care of detenues like a mother”. After appointment of Beg as CJI, HR Khanna resigned. In Habeas Corpus case, he strongly warned that favouring the govt over most
When Indira Govt fell in 1977, new Janta Party Govt asked Khanna to head the inquiry commission for injustices in Emergency. Khanna refused as he believed he would appear biased against Indira and Sanjay Gandhi. Could settle scores with Indira Gandhi, but HR Khanna was a true
Several great lawyers like Nani Palkhivala saluted the courage and integrity of HS Khanna in Habeas Corpus case. He was the first judge of SC to have his portrait in court while being alive. Justice Bhagwati who sided with Govt in 4-1 judgement later regretted his decision and
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Justice YV Chandrachud’s son DY Chandrachud, currently CJI, accepted that his father made a blunder in Habeas Corpus case. YV Chandrachud also sided with the Govt. In Puttaswamy Case 2017, Supreme Court finally overruled Habeas Corpus case judgement and gave preference to
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Hence, the position of CJI, Justice HS Khanna deserved 48 years ago, will be taken by his nephew Justice Sanjiv Khanna. It feels like nature’s course correction. It takes a lot of courage to willingly give up such a powerful post and stand with integrity. Justice HS Khanna passed away in 2008. He is the gold standard of Judges in India. Salute to him. 11/11
Knock nock 
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