14-05-2025
Goodbye, Justice Khanna
A good judge builds a life for generations yet unborn. Integrity is his cardinal virtue. Alexander Pope wrote in 'An Essay on Man': 'Act well your part, there all the honour lies'. Justice Sanjiv Khanna, like his father Justice D R Khanna of the Delhi High Court and his uncle Justice H R Khanna, has been honest, upright and bold in the discharge of his duties. Chief Justice Khanna faced attacks, both personal and on the judiciary, from persons holding constitutional positions. He stood steadfast and — in the words of Lord Denning — was 'coolness under fire'. The way he responded to those attacking him and the Court reminds one of the wisdom of the Old Testament: 'Answer a fool according to his folly, lest he be wise in his own conceit.'
This is not to say that he did not have his failings. The Places of Worship Act, 1991, came up before his immediate predecessor. Despite the Act prohibiting the alteration of the status of religious places that existed at the time of Indian Independence, he permitted the survey of such places to determine their character. The same issue came before the bench presided over by Justice Khanna in the Shahi Jama Masjid dispute at Sambhal. Though the bench rightly passed an order directing that the status quo be maintained, and succeeded in restoring law and order in the district — a number of deaths had occured in the wake of the dispute — it missed the opportunity to do away with the real source of mischief, which lay in his predecessor's order. Had the observation by the earlier bench been done away with, it would have closed doors for all times to any further mischief by fundamentalists.
Then came the Waqf (Amendment) Act, 2025. The Muslim community regards it as direct interference in its religious affairs in contravention of Articles 25 to 28 of the Constitution of India. A number of petitions have been filed in the Supreme Court challenging the constitutional validity of the Act. The matter was taken up by the bench presided over by Justice Khanna. Given the observations made by him about the importance of the issue and its implications, it was expected that the matter would be given precedence. However, on May 5, when the matter was supposed to be heard, Justice Khanna refused to take it up on the grounds that he was on the verge of retirement. Unfortunately, again, he failed to pass an order staying the provisions of the Act.
During his tenure, a sitting judge of the Allahabad High Court made a statement from a public platform that was allegedly laden with objectionable and inflammatory communal remarks. The speech came as a shock to the nation and appropriate action was expected against him. Chief Justice Khanna called the judge, and reportedly asked him to publicly apologise. The latter refused.
The fire in the house of Justice Yashwant Varma of the Delhi High Court and the alleged discovery of burning currency notes put Justice Khanna to the test, too. His prompt action in appointing a committee of three judges and reporting the incident were welcome steps. Justice Khanna's prompt action on the report by calling upon the judge to resign and on his refusal to do so, sending the report to the President of India and the government, shows his commitment to honesty and integrity in the institution he has presided over.
The nation thanks Justice Khanna for his direction to his colleagues to disclose their assets in the public domain. A step towards transparency is always welcome. Goodbye, Justice Khanna. You have done well for the nation and honoured the memory of your respected father and uncle.
The writer is a former judge of the Delhi High Court
