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"Country's sacred Constitution was murdered 50 years ago": Assam Minister Bimal Borah
"Country's sacred Constitution was murdered 50 years ago": Assam Minister Bimal Borah

India Gazette

time11 hours ago

  • Politics
  • India Gazette

"Country's sacred Constitution was murdered 50 years ago": Assam Minister Bimal Borah

Guwahati (Assam) [India], June 25 (ANI): Commemorating 'Samvidhan Hatya Diwas', Assam Minister Bimal Borah said that the country's sacred Constitution was 'murdered' 50 years ago and the rights of people were taken away. 'Our country's sacred Constitution was murdered 50 years ago... The rights of our country's people were taken away by... Remembering that day, we organised a press meet on Constitution Hatya Diwas today,' Borah told reporters on Wednesday. Earlier today, Assam Chief Minister Himanta Biswa Sarma hit out at Congress, saying that those who themselves strangled the constitution are now posing as its protectors. Sarma paid tribute on Wednesday to the brave men and women who stood firm in upholding the Constitution during those dark times. 'Those who themselves strangled the Constitution are now posing as its protectors. 25 June ~ A reminder of the darkest chapter in India's democracy. Never forget the dark days of the Emergency,' he said in a post on X. 'As we mark 50 years of this brutal episode, India pays tribute to the brave men and women who stood firm to uphold the Constitution during those dark times,' the Assam CM asserted, adding that it was solely due to their courageous efforts and valiant sacrifices that the Congress party was brought to its 'knees' - marking the end of a 'shameful' chapter in our history. Vice President Jagdeep Dhankhar said that young people cannot afford to forget the 'darkest period' of Indian democracy and emphasised the need to remember those responsible for undermining the Constitution and democratic values. '...Young people cannot forget or afford not to learn about that darkest period (Emergency). Very thoughtfully, the government of the day decided that this day would be celebrated as 'Samvidhan Hatya Diwas'. The celebration will be - that it (Emergency) will never happen again. The celebration will be about knowing about those guilty people who allowed such transgressions of humanity's rights and the spirit of the Constitution. Who they were, why they did...', he said. Vice President Dhankhar recalled the dissenting voice of Justice HR Khanna during that time, stating, 'In the Supreme Court at the time, one judge, HR Khanna, had dissented. A leading newspaper in the US had remarked that if ever democracy returns to 'Bharat', a monument will surely be built for HR Khanna, who held his ground.' The Indira Gandhi government had imposed the Emergency on June 25, 1975. The day is observed by the government as 'Samvidhan Hatya Divas'. (ANI)

"Young cannot afford to forget darkest period of democracy," says VP Dhankhar on 50th anniversary of Emergency
"Young cannot afford to forget darkest period of democracy," says VP Dhankhar on 50th anniversary of Emergency

India Gazette

time11 hours ago

  • Politics
  • India Gazette

"Young cannot afford to forget darkest period of democracy," says VP Dhankhar on 50th anniversary of Emergency

Nainital (Uttarakhand) [India], June 25 (ANI): As BJP is observing 'Samvidhan Hatya Diwas' to mark 50 years of the 1975 Emergency, Vice President Jagdeep Dhankhar said that young people cannot afford to forget the 'darkest period' of Indian democracy and emphasised the need to remember those responsible for undermining the Constitution and democratic values. The Vice President made these remarks while speaking at the Golden Jubilee celebrations of Kumaun University in Uttarakhand's Nainital, where he was present as the Chief Guest. '...Young people cannot forget or afford not to learn about that darkest period (Emergency). Very thoughtfully, the government of the day decided that this day would be celebrated as 'Samvidhan Hatya Diwas'. The celebration will be - that it (Emergency) will never happen again. The celebration will be about knowing about those guilty people who allowed such transgressions of humanity's rights and the spirit of the Constitution. Who they were, why they did...', he said. Vice President Dhankhar recalled the dissenting voice of Justice HR Khanna during that time, stating, 'In the Supreme Court at the time, one judge, HR Khanna, had dissented. A leading newspaper in the US had remarked that if ever democracy returns to 'Bharat', a monument will surely be built for HR Khanna, who held his ground.' Reflecting on the events of June 25, 1975, Dhankhar said, 'Fifty years ago on this day, the world's oldest, the largest and now the most vibrant democracy went through a difficult air pocket, unexpected headwinds, nothing short of an earthquake aimed to destroy our democracy. It was the imposition of Emergency.' He further said, 'When the night was dark, the Cabinet was sidelined. The then beleaguered Prime Minister, facing an adverse High Court order, yielded to personal gain, ignoring the entire nation. The then President trampled constitutionalism and signed declaration of Emergency. What followed was a 21-month turbulent period for our democracy. We had the occasion to see the darkest period in the history of our democracy.' The Indira Gandhi government had imposed the Emergency on June 25, 1975. The day is observed by the government as 'Samvidhan Hatya Divas'. (ANI)

Public trust has to be earned, it can't be commanded: Justice Khanna
Public trust has to be earned, it can't be commanded: Justice Khanna

Time of India

time13-05-2025

  • Politics
  • Time of India

Public trust has to be earned, it can't be commanded: Justice Khanna

Justice Khanna NEW DELHI: When Justice Sanjiv Khanna became the CJI in November last year, many thought it was poetic justice 50 years after his uncle Justice H R Khanna , through a historic political blunder in 1977, was denied the top post for his courageous dissent in support of fundamental rights during the Emergency even though four of his cowering colleagues caved in to govt's brute power. Justice Khanna's tenure as the CJI was short but eventful and challenging. What brought forth his steely resolve to serve transparency and call a spade a spade was the discovery of a huge amount of cash at Delhi high court judge Yashwant Varma's residence. He uploaded videos and the Delhi HC CJ's reports on the incident on the SC website, leaving little to the imagination and winning kudos from the public for meeting challenges head on. On his last working day in the Supreme Court on Tuesday, CJI Khanna said, " Public trust in judiciary cannot be commanded. It has to be earned." With CJI-designate B R Gavai as his colleague on the ceremonial bench, Justice Khanna said, "The country is getting an excellent CJI who is going to uphold fundamental rights, rule of law and the basic doctrines of the Constitution." He attributed his upbringing and values to his grandfather Sarav Dayal, who was an advocate and an ardent believer in interaction of children with elders. In an informal meeting with SC reporters, CJI Khanna said he won't accept any post-retirement job but he would not give up law and do something related to law. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like AI guru Andrew Ng recommends: Read These 5 Books And Turn Your Life Around in 2025 Blinkist: Andrew Ng's Reading List Undo CJI Khanna is a man who walked alone, without security, both in the judicial arena and Lodhi Garden. He inherited the legacy of fearlessness and fairness from his uncle, Justice H R Khanna who was denied the CJI's post because he stood by fundamental rights during Emergency. But justice was probably served when Justice Sanjiv Khanna became the 51st CJI, nearly 50 years after that historical blunder. However, he shunned both the legacy and publicity. Justice Gavai said, "For a judge, there is no greater privilege than to preside over a bench and decide cases without fear and favour." CJI Khanna's basics are deeply entrenched in the ideals of justice. He inherited the great H R Khanna's legacy but emerged from the shadow and painted his own legacy through sheer diligence and hard work. His judgments strengthened constitutional principles and ethos - of liberty and rule of law. Another bench partner for the last 10 months, Justice Sanjay Kumar said CJI Khanna never had a summary of the case before him yet remembered page numbers, paragraphs and the content line by line. Asked about this, CJI Khanna had told TOI, "It is an acquired trait. After becoming a judge, somehow I started remembering the content of the case files line by line." Law officers - attorney general R Venkataramani, solicitor general Tushar Mehta and additional solicitors general S V Raju and Aishwarya Bhat - who mostly faced the brunt of intense questioning from CJI Khanna, were the most eloquent in praising his judicial acumen, integrity and courage. "Clarity, sense of justice, something to always learn, crisp judgments that were not thesis, a man who honoured the chair and increased its dignity," were some of the accolades that came his way.

‘Won't accept any post-retirement post': CJI Khanna on his last day in office
‘Won't accept any post-retirement post': CJI Khanna on his last day in office

Hindustan Times

time13-05-2025

  • Politics
  • Hindustan Times

‘Won't accept any post-retirement post': CJI Khanna on his last day in office

Public trust in judiciary cannot be commanded but earned, Chief Justice of India (CJI) Sanjiv Khanna said on Tuesday in his last message from the bench as he demitted office after a tenure of six months at the helm of the judiciary. Addressing a ceremonial bench along with CJI-designate justice Bhushan R Gavai and justice Sanjay Kumar, Khanna reminded the members of the Bar that the lawyers are the conscience keepers of the institution and play an essential part in upholding the trust that people have in the institution. Responding to the compliments showered on him from law officers, office bearers of bar associations and senior and junior members of the Bar, CJI Khanna said, 'The public trust that judiciary has cannot be commanded. It has to be earned.' Speaking about his successor, Khanna said, 'You will have an excellent CJI in justice Gavai. I am confident that he is going to uphold fundamental rights, basic structure doctrine and liberty.' Incidentally, Khanna and Gavai got elevated to the Supreme Court in 2019. Gavai described Khanna as a 'gentleman to the core in every sense' and said that it was nothing short of 'poetic justice' that justice HR Khanna, known for his golden dissent in the Emergency case in ADM Jabalpur, which made him lose the chair of Chief Justice of India, has come full circle with CJI Khanna, his nephew, completing his tenure as CJI. The ADM Jabalpur case was given by a five-judge bench where the majority bench of four judges held that no writ against detention of a person will be maintainable with the declaration of Emergency. Justice HR Khanna had then dissented with the majority to rule that the State has no right to deprive any person of his right to life and liberty which is a sacrosanct right. The memory of justice HR Khanna, who had resigned in protest after he was bypassed by a junior judge who was made CJI, reverberated in the courtroom hall of CJI on Tuesday on CJI Khanna's last day in office. Solicitor general Tushar Mehta said, 'justice HR Khanna would be really proud of you.' Senior advocate Kapil Sibal, who is President of Supreme Court Bar Association, told CJI that his entire career has been without a blemish and he has carried well the legacy of justice HR Khanna. His sense of clarity in every branch of law was appreciated by lawyers who spoke before the ceremonial bench. Additional solicitor general (ASG) Aishwarya Bhati said that during his tenure, CJI Khanna 'de-glamourised' the CJI's court but made the post look very professional. It was during the tenure of CJI Khanna, judiciary faced the most testing time with the discovery of cash at the residence of sitting high court judge, justice Yashwant Varma. The CJI had constituted a three-member judicial enquiry panel and had ultimately recommended the removal of the judge to the President and the Prime Minister after the charges were found to be true. Justice Kumar, who used to be the bench companion of CJI Khanna for the past 10 months, even before he became CJI, shared some secrets about justice Khanna who has an excellent memory and his unending patience with lawyers. 'He does not make any notes. It all comes from his memory, whether it is page number, content, even to the extent of paragraph in the petition. But his memory never extended to the names of lawyers appearing in the case.' CJI Khanna in his response speech said that he did not remember the name of lawyers as he would never see which lawyer is appearing in a case. Interacting with media persons later in the day, CJI said, 'I will not accept any post-retirement post.' However, he indicated that he wished to do something with law. Asked about what weighed with him while dealing with the case of justice Varma's cash at house episode, CJI said, 'Judicial thinking has to be decisive and adjudicatory. We see the plus and minuses and decide the issue rationally. When we do that, we are able to take a decision and the future then tells you, what you did was correct or not.'

In Vice President's Fresh Judiciary Strike, Mention Of Chief Justice's Uncle
In Vice President's Fresh Judiciary Strike, Mention Of Chief Justice's Uncle

NDTV

time22-04-2025

  • Politics
  • NDTV

In Vice President's Fresh Judiciary Strike, Mention Of Chief Justice's Uncle

New Delhi: In his fresh attack targeting the judiciary and stressing that Parliament is "supreme", Vice President Jagdeep Dhankhar mentioned Justice Hans Raj Khanna, a former top court judge who stood up to the Indira Gandhi government during the Emergency in 1975, and the uncle of Chief Justice of India Sanjiv Khanna. The Vice-President spoke at Delhi University's Campus Law Centre at the launch of Kartavyam, a lecture series to mark 75 years of the adoption of the Constitution. At the beginning of his address, Mr Dhankhar referred to Delhi University vice-chancellor Yogesh Singh's mention of Justice HR Khanna as an alumnus of the Campus Law Centre. The Vice-President then went on to refer to the Emergency as the "darkest period of democracy". The Vice-President said there is a need to remind the country why the Constitution Day and the Samvidhan Hatya Divas are celebrated. "On November 29, 1949, the Constitution was adopted. And it was ravaged on June 25, 1975. That was the darkest period of democracy," he said, referring to the Emergency. During the Emergency, Mr Dhankhar said, the Supreme Court ignored the advice of nine high courts that fundamental rights cannot be put on hold. "There was one dissent voice, and that was from an alumnus of this place," he said, referring to Justice HR Khanna. Who Was Justice HR Khanna Justice Hans Raj Khanna became a Supreme Court judge in 1971 and was in line for the Chief Justice of India post in 1977. But that was not to be. The Indira Gandhi government imposed the Emergency in 1975. In 1976, a five-judge Constitution bench heard a case on the suspension of fundamental rights during the Emergency - known as the ADM Jabalpur vs Shivkant Shukla case - and ruled that the right to personal liberty can be suspended in the interest of the State. Justice HR Khanna was the sole dissenting judge in that 4:1 verdict. Nine months after the judgment, the Indira Gandhi government appointed Justice MH Beg the Chief Justice, superseding Justice Khanna. Justice Khanna resigned soon after. Nine years after he died in 2008, the landmark verdict was overruled by a nine-judge bench of the Supreme Court in the Puttuswamy vs Union of India judgment. Justice Khanna has since emerged as a symbol of resistance to State power. The BJP has often raked up the Indira Gandhi government's treatment of the judge to attack the Congress. A Deserving Nephew Chief Justice of India Sanjiv Khanna is known to idolise his uncle. According to sources close to the family, the Chief Justice's father, Justice Dev Raj Khanna, a judge of the Delhi High Court, and his mother, Saroj Khanna, a professor, wanted their son to become a chartered accountant because a career in law was more challenging. But he was inspired by his uncle, who took on the State. "He always considered his uncle an idol and keenly followed his work," a source told NDTV. Chief Justice Sanjiv Khanna has preserved all the copies of Justice HR Khanna's judgments, his notes and registers, the source said. In 2019, Justice Sanjiv Khanna's first day as a Supreme Court judge was in the courtroom his uncle once sat in. The room has a portrait of Justice HR Khanna. The Chief Justice is set to retire next month, after which Justice BR Gavai will take over the top post. The Vice-President's Fresh Attack Doubling down on his offensive against the judiciary, Vice President Dhankhar has said that if a citizen is the soul of democracy, elected representatives are the ultimate masters of what constitutional content should be. "There is no visualisation in the Constitution of any authority above the Parliament. Parliament is supreme," he said. The makers of the Constitution, he said, avoided confrontation and went for consensus. "I find it inconceivably intriguing that some have recently reflected that Constitutional offices can be ceremonial and ornamental. Nothing can be far distant from a wrong understanding of the role of everybody in this country," he said. "Public order thrives when every individual acts as the guardian of law and justice. How can our democracy tolerate disruption, constitutional challenges and assaults on civilisation ethos," the Vice President said. The Vice President's fresh jabs at the top court follow his all-out attack on the judiciary in the aftermath of the Supreme Court judgment in the Tamil Nadu case that effectively set a deadline for the President and Governors to clear Bills passed by the legislature for the second time. "We cannot have a situation where you direct the President of India and on what basis... Article 142 (has become a nuclear missile against Democratic forces, available to the judiciary 24 x 7," he said. BJP MPs' Attack On Judiciary The Vice-President's remarks also play out amid the criticism of the judiciary by a section of BJP leaders. BJP MP Nishikant Dubey sparked a row when he said Parliament must be shut down if the Supreme Court makes all decisions. "The Supreme Court is crossing its limits... when the Ram Mandir, Krishna Janmabhoomi, or Gyanvapi issue arises, you (Supreme Court) say, 'Show us the paper'. But for mosques built after the Mughals came, you are saying how will you show papers? The Supreme Court is responsible for inciting religious wars in this country," he said. Mr Dubey asked how the Supreme Court can set a deadline for President and Governors to clear Bills. BJP leader Dinesh Sharma said no one can "challenge" the President, as the President is "supreme". The BJP leadership has distanced itself from its leaders' remarks. BJP president JP Nadda took to X to clear the party's stand. "The Bharatiya Janata Party has nothing to do with the statements made by BJP MPs Nishikant Dubey and Dinesh Sharma on the judiciary and the Chief Justice of the country. These are their personal statements, but the BJP neither agrees with nor supports such statements. The BJP completely rejects these statements." The Opposition has, however, accused the ruling party of threatening the judiciary and trying to weaken it.

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