#memory
Justice H R Khanna.
3 July is the birth anniversary of Justice H.R.Khanna (1912-2008).
The Supreme Court Judge won immortal fame in the history of the country, as the lone dissenter in the ADM Jabalpur versus SK Shukla case, better known as the “Habeous Corpus” case, during the Emergency in 1975.
The Attorney General of India, Niren Dey had argued that even if a citizen was arrested and killed, there was no remedy, since the Fundamental Rights remained suspended during the Emergency.
To the eternal ignominy of the Indian Judiciary, the five judge bench of the Supreme Court agreed. Justice Hans Raj Khanna was the lone courageous dissenter.
Justice Khanna later wrote that he knew he was forfeiting his elevation as the Chief Justice of India. ( He was indeed superseded and he promptly resigned, to protect the independence and the integrity of the judiciary).
The New York Times wrote on 30 April 1975:
” If India ever finds its way back to the freedom and democracy that were proud hallmarks of its first eighteen years as an independent nation, someone will surely erect a monument to Justice H.R.Khanna of the Supreme Court.
In his autobiography, “Niether Roses nor Thorns”,
Justice Khanna wrote;
” If there are three prime requisites for the rule of law, they are a strong Bar, an independent Judiciary and an enlightened Public Opinion”.
– Joy Kallivayalil.
