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CJI Sanjiv Khanna's uncle was also in the running to become Chief Justice in 70s
Late Justice Hans Raj Khanna, who inspired CJI Khanna in his endeavours, was a candidate for the country's top legal post in 1977.
Sanjiv Khanna took oath as the Chief Justice of India (CJI) on Monday. His uncle Justice Hans Raj Khanna was in the running for chief justice but the Indira Gandhi-led government ignored him for the post.
Late Justice Hans Raj Khanna, who inspired CJI Khanna in his legal career, was a candidate for the country's top legal post in 1977 but lost the opportunity after delivering a dissenting judgment during the Emergency.
Who was Justice Hans Raj Khanna, CJI Sanjiv Khanna's inspiration
Justice Hans Raj Khanna, born in 1912, began his career as a lawyer after completing his education in Amritsar. After that, he was appointed as a district and session judge in 1952 and later served as a judge in the high courts of Delhi and Punjab.
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In 1971, he ascended to the Supreme Court and was a strong contender for the Chief Justice of India position in 1977.
What's the judgement that cost Hans Raj Khanna his Chief Justiceship
Notably, the pivotal moment that cost him the post came during the controversial Emergency period, which was imposed by the Indira Gandhi government in 1975.
In 1976, a five-judge Constitution bench ruled on the ADM Jabalpur vs Shivkant Shukla case, which had to determine that the right to personal liberty could be suspended in the interest of the State.
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Justice Khanna was the lone dissenter in that 4:1 verdict, which included Chief Justice AN Ray and Justices MH Beg, YV Chandrachud, and PN Bhagwati.
In his dissent statement, Justice Khanna iterated that preventive detention without trial was “an anathema to all those who love personal liberty.” The top judge of his time, Khanna also emphasised that such laws profoundly violate the fundamental freedoms that are vital to our society.
Justice Khanna's message to her sister on Chief Justiceship
"I have prepared the judgment which is going to cost me the Chief Justiceship of India," Justice Hans Raj Khanna told his sister in 1976, according to an India Today report.
Just nine months after his courageous judgment, the Indira Gandhi administration appointed Justice Beg as the Chief Justice, superseding Justice Khanna. Justice Khanna chose to resign soon after, marking a profound moment in judicial history.
