Public trust in judiciary needs to be earned: CJI
Known for being forthright, the CJI voiced concern over “truth deficit” in the legal profession and emphasised the role of the bar and the bench in earning public trust
Public trust in the judiciary has to be earned and cannot be commanded, said outgoing Chief Justice of India (CJI) Sanjiv Khanna — who recently recommended removal of a high court judge over misconduct and published assets of Supreme Court judges for public scrutiny —as he demitted office on Tuesday.
Hanging his judicial robe after nearly two-decade career on the bench, of which six years spent in the Supreme Court, including the last six months as CJI, justice Khanna spent an eventful last day in office. He shared a ceremonial bench with CJI-designate justice Bhushan R Gavai in the morning, held a brief interaction with reporters in the press lounge in the afternoon, and attended a farewell event organised by the Supreme Court Bar Association (SCBA), where he touched upon his career as a lawyer and judge spanning 42 years.
Addressing lawyers who gathered to bid him farewell during the ceremonial bench sitting, CJI Khanna said he was “completely overwhelmed” by the good wishes. “I carry with me a lot of memories. And memories which are very nice, which will remain throughout. Once you are a lawyer, you remain a lawyer,” he said.
Known for being forthright, the CJI voiced concern over “truth deficit” in the legal profession and emphasised the role of the bar and the bench in earning public trust.
“The public trust that judiciary has cannot be commanded. It has to be earned,” he said.
Justice Khanna, who took oath as the 51st CJI on November 11, 2024, took some unprecedented decisions during his short yet eventful tenure. He recently wrote to the President and Prime Minister CJI recommending removal of former Delhi high court judge, justice Yashwant Verma, after a top court-constituted panel confirmed allegations of discovery of cash from the latter’s official residence. In unprecedented moves, he also made public the assets and liabilities of the top court judges as well as collegium records on judge’s appointments.
Talking about justice Gavai, who will take over as the 52nd CJI on Wednesday, justice Khanna said he is “confident that Justice Gavai will be an excellent Chief Justice” and that “he is going to uphold the fundamental rights” and “basic doctrines of law.”
In his speech at the farewell event, Justice Gavai said: “CJI Khanna demonstrated firm and principled leadership in addressing instances of judicial misconduct...His handling of these sensitive matters, reflected both his judicial responsibility and personal integrity.”
On the full court of the Supreme Court deciding to publish the assets of the judges, Justice Gavai said it reflected CJI Khanna’s “penchant for transparency.”
Justice Gavai described CJI Khanna as a “gentleman to the core in every sense” and said it was nothing short of “poetic justice” that life has come full circle as justice HR Khanna, who missed out on the CJI post in 1976 for his golden dissent in the ADM Jabalpur case during Emergency, has now his nephew CJI Khanna completing an eventful tenure at the helm of judiciary.
Solicitor general Tushar Mehta also told CJI Khanna that “justice HR Khanna would be really proud of you.”
CJI Khanna also held a brief interaction with reporters in the press lounge where, in reply to queries on his future plans, he said: “I will not accept any post-retirement post, but perhaps will do something with law.”
Addressing his farewell function organised by the Supreme Court Bar Association, Justice Khanna elaborated on his journey in the legal profession.
“I never spoke of myself as a judge because of the reverence to the office. As I stand here at the cusp of my retirement I like to speak about my life and journey. I have served for 20 years. I have no mixed feelings. I am simply happy. I feel blessed to have retired as the Chief Justice of India. Becoming a judge of the Delhi high court was itself a dream come true,” the outgoing CJI said.
Justice Khanna’s 42-year career in the profession started after he enrolled as an advocate with the Bar Council of Delhi in 1983.
Senior advocate Kapil Sibal, who is also the president of SCBA, said justice Khanna’s entire career has been without a blemish and he has carried well the legacy of justice HR Khanna.
“I have practised before you in the high court and this court, but your commitment to the cause of justice has always been unwavering in the 20 years you have been on the bench,” Sibal said. “You will be remembered for steering the ship in turbulent times and anchoring it for its voyage to be carried forward by your successor, Justice B R Gavai.”
