INDIA
CJI Khanna addressed perceptions of being a "conservative" judge, citing data that showed he overturned convictions in 33-35% of cases at his farewell ceremony held by the Supreme Court Bar Association.
Sanjiv Khanna, the 51st Chief Justice of India, retired on Tuesday after serving since November 11, 2024. He was appointed to the Supreme Court on January 18, 2019. Before this, Khanna, a former Delhi lawyer, was appointed as a judge to the Delhi High Court at 45. At a farewell ceremony held by the Supreme Court Bar Association, Khanna reflected on his tenure with humility, saying, "I retire with gratitude, reflection, and satisfaction. Age will end my tenure as a judge, and I'm equally eager to shed that role."
CJI Khanna addressed perceptions of being a "conservative" judge, citing data that showed he overturned convictions in 33-35% of cases. Khanna also spoke about the importance of truthfulness in the legal profession, emphasising that hiding or misrepresenting facts complicates the judicial process. He quoted Mahatma Gandhi's belief that "truth is God," stressing its significance in law and life. Khanna concluded by highlighting the need for honesty in legal proceedings.
"Donning the judge's robe, I came to truly understand the weight of responsibility entrusted upon us by the Constitution and the people," said the CJI, reflecting on his journey. He thanked fellow judges and extended best wishes to Justice B.R. Gavai, who takes oath as the 52nd Chief Justice of India on Wednesday.
Here are Chief Justice Sanjiv Khanna's landmark verdicts:
Places of Worship Act: On December 12, 2024, a Special Bench led by Chief Justice Sanjiv Khanna issued an interim order regarding the Places of Worship Act, directing that no new lawsuits can be filed under the Act and no final or effective orders will be passed in ongoing cases until further notice, while the Supreme Court reviews petitions challenging the Act's provisions.
Waqf Act: The Supreme Court, led by CJI Sanjiv Khanna, was hearing petitions challenging the Waqf (Amendment) Act, 2025. The Union government assured the court it wouldn't implement certain provisions, prompting the court to consider not passing a stay order. Due to CJI Khanna's impending retirement, the case was transferred to a bench led by Justice B.R. Gavai for further hearing.
BJP MP remarks on judiciary: The Supreme Court, led by CJI Sanjiv Khanna, declined to initiate contempt proceedings against BJP MP Nishikant Dubey for his remarks against the judiciary, but criticized his comments as "highly irresponsible" and capable of scandalizing the court. Dubey had alleged the Supreme Court was responsible for provoking religious wars in India. The court emphasized that hate speech and attempts to spread communal hatred must be dealt with sternly, as they erode tolerance and equality in a multicultural society.
EVM-VVPAT tally verdict: The Supreme Court, led by Justice Sanjiv Khanna, ruled that voters have the right to ensure their vote is accurately recorded and counted, but not to 100% counting of VVPAT slips or physical access to them. The court deemed allowing physical access to VVPAT slips as "problematic and impractical" and likely to lead to misuse. It also rejected reverting to the ballot paper system, citing its known weaknesses.
Interim bail to Arvind Kejriwal in ED case: A Supreme Court bench led by Justice Sanjiv Khanna granted interim bail to former Delhi CM Arvind Kejriwal, citing his right to life and liberty after 90 days of incarceration. The court referred Kejriwal's plea challenging his arrest by the ED to a larger bench for authoritative pronouncement. The bench also suggested Kejriwal consider stepping down as CM, leaving the decision to him.
Interim bail to Mr Kejriwal during Lok Sabha elections: A Supreme Court bench led by Justice Sanjiv Khanna granted interim bail to then Delhi CM Arvind Kejriwal for 21 days in a money laundering case, ahead of the 2024 general polls. Kejriwal was asked to surrender on June 2 and was barred from visiting his office or signing official files except for necessary clearances. The court clarified that the bail didn't reflect on the case's merits.
Electoral bonds scheme: Justice Sanjiv Khanna, in a concurring opinion, struck down the electoral bonds scheme, citing its failure to meet the proportionality test. He based his conclusion on data analysis, noting that most contributions via bonds went to ruling parties at the Centre and states. Khanna clarified that the court's decision didn't involve data from a sealed envelope submitted by the Election Commission, but rather publicly available data and that submitted by petitioners.
Article 370: A Constitution Bench led by CJI Chandrachud, with Justice Sanjiv Khanna on the panel, upheld the revocation of Article 370. Justice Khanna concurred, stating that Article 370 was a temporary provision and its abrogation didn't undermine India's federal structure. The court directed the Election Commission to conduct Jammu and Kashmir Assembly elections by September 30, 2024, and ordered the restoration of statehood "at the earliest." The court later refused to review its verdict in May 2024.
(With inputs from syndicated feed)
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