Indira’s injustice and Modi’s compensation: Know the emergency connection of Justice Sanjiv Khanna, who is going to become CJI.

New Delhi: Supreme Court judge Justice Sanjiv Khanna will be the 51st Chief Justice of India. The Narendra Modi government has accepted the recommendation of Supreme Court Chief Justice DY Chandrachud. As soon as Justice Khanna takes oath as CJI, a historical injustice done during the Indira Gandhi government will be compensated. That injustice happened 48 years ago in 1976 when the Indira Gandhi government did injustice to Justice Sanjiv Khanna’s uncle Justice Hans Raj Khanna by appointing his/her junior Justice Mirza Hamidullah Baig (Justice MH Baig) as the 15th Chief Justice of the country.

That historic decision of Justice Hans Raj Khanna

In fact, Justice HR Khanna had given a historic judgment against the Indira government during the Emergency. Indira Gandhi had announced the imposition of emergency in the country on June 25, 1975. Indira then took away all the rights of the citizens using Article 359(1) of the Constitution. Thousands of people were jailed under the Management of Internal Security Act (MISA). Then cases started being filed in different courts and different decisions started coming from different courts. Many High Courts started releasing prisoners lodged under MISA through writ petitions.

That historic case of habeas corpus

During this time, an important case came to light – ADM Jabalpur vs Shivkant Shukla, which is also known as Habeas Corpus Case 1976. This case is a milestone in Indian judicial history. On this the Indira government reached the Supreme Court. The Supreme Court had to give a historic decision whether the government can take such arbitrary decisions? Can rights be suspended? Can the right to file writ petition also be suspended?

Know the judges of the constitutional bench formed during emergency

The Supreme Court formed a constitutional bench of five judges to hear this case. This bench included the then Chief Justice AN Ray, Justice MH Baig, Justice YV Chandrachud, Justice PN Bhagwati and Justice HR Khanna. The Indira Gandhi government claimed in the Supreme Court, citing Article 359 (1) of the Constitution, that during an emergency, the state can suspend any fundamental right, even if it is the right against unlawful detention under Article 21. . The government even said that theoretically the state can even take life during an emergency.

There was immense pressure on the Constitution bench of the Supreme Court to give a verdict in favor of the Indira government. Four out of five judges accepted that the government can suspend any fundamental right and people cannot raise questions. Only one judge expressed strong opposition – that judge was Justice Ichar Khanna, uncle of Justice Sanjiv Khanna.

Left the post of CJI, supported integrity and morality

Justice HR Khanna was to become the next Chief Justice. Author Siddharth Ichelian has told in one of his/her posts on social media X that HR Khanna had written to his/her sister before giving his/her decision in the habeas corpus case. In this letter, Justice Khanna had written, ‘I have prepared my decision, the price of which I will have to pay from the post of Chief Justice of India.’ Justice Khanna was right. After the verdict, Khanna’s junior judge MH Baig was made the Chief Justice of India. MH Baig not only supported the government in the Habeas Corpus case, but he/she also crossed the limit by saying that ‘the state is taking care of the prisoners like a mother’.

Justice HR Khanna resigned after Beg was appointed Chief Justice. In the Habeas Corpus case he/she had given a stern warning that it was wrong to take the government’s side over the most important fundamental rights and freedoms of the people. According to him/her, ‘…detention without trial is a curse to all those who love personal liberty’.

Justice Khanna was an example of honesty

When the Indira government fell in 1977, the new Janata Party government asked Justice Khanna to head a commission to investigate the injustices committed during the Emergency. Justice Khanna refused saying that his/her image would not go well as the Chairman of the Commission against Indira Gandhi and Sanjay Gandhi. he/she was offered several other posts but only accepted the leadership of the Law Commission because he/she believed his/her expertise could be useful there.

Many big lawyers like Nani Palkhivala saluted the courage and honesty of Justice HR Khanna in the Habeas Corpus case. he/she was the first Supreme Court judge whose photograph was displayed in the court while he/she was alive. Justice PN Bhagwati, who sided with the government in the 4-1 verdict, later regretted his/her decision and apologized.

DY Chandrachud, son of Justice YV Chandrachud, who is currently the Chief Justice, admitted that his/her father had made a mistake in the Habeas Corpus case. Justice YV Chandrachud also took the side of the government. In the 2017 Puttaswamy case, the Supreme Court ultimately overturned the decision of the Habeas Corpus case and gave priority to individual liberty and right to life over state repression. It took 41 years to reverse a historical injustice.

Compensation for historical injustice after 48 years

Thus, the post of Chief Justice, which Justice HR Khanna held 48 years ago, will be assumed by his/her nephew Justice Sanjiv Khanna. This seems like natural justice. It takes great courage to willingly give up such a powerful position and stand with integrity. Justice HR Khanna died in 2008. Justice Devaraj Khanna, brother of Justice HR Khanna and father of Justice Sanjiv Khanna, was a judge of the Delhi High Court.