Tue Nov 12 05:54:33 UTC 2024: ## New CJI Sanjiv Khanna’s Uncle Denied Chief Justice Post for Dissent During Emergency
**New Delhi:** Sanjiv Khanna, who took oath as the Chief Justice of India (CJI) on Monday, has a family history steeped in legal legacy and a poignant reminder of the cost of judicial courage. His uncle, the late Justice Hans Raj Khanna, was a strong contender for the CJI position in 1977 but lost out after delivering a landmark dissenting judgment during the Emergency imposed by Indira Gandhi’s government.
Justice Khanna, a distinguished jurist, had risen through the ranks, serving as a district and session judge, and then a judge in the Delhi and Punjab High Courts. He ascended to the Supreme Court in 1971.
His dissenting judgment in the controversial ADM Jabalpur vs Shivkant Shukla case, which dealt with the suspension of the right to personal liberty, proved to be the turning point. Justice Khanna, in a 4:1 verdict, stood alone against the majority, arguing that preventive detention without trial was a direct violation of fundamental freedoms.
Justice Khanna’s courageous stance, delivered in 1976, reportedly cost him the Chief Justiceship. The government, instead, appointed Justice Beg as CJI, superseding Justice Khanna. This decision, coming just nine months after the historic judgment, was widely seen as a political move to appease the government.
Justice Khanna’s legacy continues to inspire future generations of legal professionals. His nephew, Sanjiv Khanna, now leads the judiciary, carrying on the tradition of upholding the constitution and defending fundamental rights. His appointment, however, serves as a stark reminder of the delicate balance between political power and judicial independence.
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