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

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.