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CJI Sanjiv Khanna takes office: Major Supreme Court cases that will be heard by him
Sanjiv Khanna will serve as the Chief Justice of India for a tenure of six months and he is expected to retire on May 13, 2025.
Having been a part of several historic judgments, Justice Sanjiv Khanna on Monday took oath as the 51st Chief Justice of India, succeeding Justice DY Chandrachud.
President Droupadi Murmu administered the oath to Justice Khanna at the Rashtrapati Bhavan.
A 64-year-old Justice Khanna will serve a six-month tenure as the Chief Justice of India, considering that he is likely to retire on May 13, 2025.
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As Justice Chandrachud passed on the CJI baton to Justice Khanna, here are some major cases that he is likely to chair. Notably, the below-mentioned cases were all heard by a CJI-led bench, implying that they will now come under the purview of CJI Sanjiv Khanna.
Minority status of AMU
Just last week, the Supreme Court ordered the re-evaluation of the minority status of the Aligarh Muslim University. By a 4-3 majority, the apex court, overruled its 1967 judgment in the Azeez Basha case that became the basis for denying AMU the minority status.
The top court bench's majority comprised of former CJI DY Chandrachud, Justices Sanjiv Khanna, JB Pardiwala and Manoj Misra. It directed that AMU's status would be determined afresh following the principles that advanced in the present verdict.
ALSO READ | SC orders re-evaluation of Aligarh Muslim University’s minority status
The majority held, "The decision in Azeez Basha is overruled. The question of deciding the minority status of AMU must be done on the basis of the tests laid down in the present case. Papers to be placed before the CJI for constituting a bench to decide the issue and correctness of 2006 judgement of the Allahabad high court."
Though a date for re-evaluation hearing is not yet announced, a bench comprising or headed by now CJI Sanjiv Khanna is likely to take up the matter.
Marital rape case
The Supreme Court in October this year deferred hearing a batch of pleas seeking criminalisation of marital rape, with CJI Chandrachud citing his retirement -- November 10, 2024.
Chandrachud had decided to let a different bench handle the contentious issue, concluding that there would not be enough time for the apex court bench to complete the hearings and issue a judgment before his departure from the office.
The case was deferred by four weeks, set to be listed by a new bench after Justice Chandrachud's retirement as the CJI.
The case sparked much debate within the society over the legality of the constitutional exemption that protects husbands from prosecution for rape within marriage under Indian Penal Code (IPC) Section 375. The Bharatiya Nyay Sanhita -- which replaced the IPC in July this year -- also defines a similar provision of immunity for husbands.
ALSO READ | CJI pulls out of marital rape case citing retirement
A bench led by CJI Chandrachud, comprising Justices JB Pardiwala and Manoj Misra had taken up the final hearing of the case in October after a hiatus of over one year.
However, after assessing the time requested for submissions by parties in the case, CJI Chandrachud deemed it best for the case to be handled by a new bench.
As the question of whether marital rape will be criminalized remains unresolved for the time being, the case is likely to fall under the new CJI's -- CJI Sanjiv Khanna -- purview.
CJI Sanjiv Khanna
It is noteworthy that Justice Sanjiv Khanna has been a part of several landmark Supreme Court judgments, including upholding the abrogation of Article 370 and scrapping of the electoral bonds.
In fact, an apex court bench led by Justice Khanna was the one which granted interim bail to Aam Aadmi Party chief Arvind Kejriwal in the excise policy scam case for the first time.
Justice Khanna, who enrolled with the Bar Council of Delhi as an advocate in 1983, was elevated to the Supreme Court of India on January 18, 2019.
