Date:06/03/2008 URL: http://www.thehindu.com/2008/03/06/stories/2008030659801300.htm

National

“H.R. Khanna, a courageous and firm judge”

J. Venkatesan

Full Court reference in the Supreme Court to the demise of the former judge

NEW DELHI: Chief Justice of India K.G. Balakrishnan on Wednesday described Justice H.R. Khanna as a courageous, fearless, firm, uncompromising and unbending judge when it came to upholding the rule of law and independence of judiciary.

Speaking at a Full Court reference in the Supreme Court to the demise of Justice Khanna, former Supreme Court judge, the CJI said: “Justice Khanna’s firmness and disregard of all considerations except his principles and convictions were displayed on many occasions. He would not mind striking a new path and recording a dissenting judgment even if it would amount to ploughing a lonely furrow.”

Referring to the A.D.M. Jabalpur case, in which Justice Khanna gave a dissenting judgment, the CJI said: “It was probably this dissent, which led to his supersession. But having a strong belief and conviction in the unassailability of fundamental rights and independence of judiciary, he lost no time in relinquishing the high office of a judge of the apex court, for which people keep on aspiring throughout their life.”

Mr. Justice Balakrishnan pointed out that on the resignation of Justice Khanna, New York Times wrote an editorial (on April 30, 1976), saying “if India ever finds its way back to the freedom and democracy, someone will surely erect a monument to Justice H.R. Khanna.”

Champion of democracy

Attorney-General Milon Banerjee said that Justice Khanna in the Kesavananda Bharati case held that Parliament had the full powers in amending the Constitution but it must leave the basic structure or framework of the Constitution intact.

He said that from then onwards basic structure acquired firmer roots and Justice Khanna’s judgment passed as the law.

Supreme Court Bar Association president P.H. Parekh said: “Justice Khanna was a great champion of freedom and democracy and became the lone voice for protection of our Constitution, fundamental liberty and independence of judiciary during difficult times.”

Contribution

He said: “Some people become immortal because of tremendous contribution they make to the society and they continue to live, through their work, their message and their independence. Justice Khanna is one of them.”