In life sometimes you have make some very crucial choices which make you struck. You know if you would choose your principles and honesty then you might have to sacrifice something valuable. Something like that happened with Hans Raj Khanna, the legendary judge of the Supreme Court of India during 1967-77. He was the man who stood alone and dared to advocate his belief and decision against the then Prime Minister, Indira Gandhi. Hans Raj was born on July 3, 1912 in the family of a freedom fighter Sarb Dyal Khanna who was a lawyer and later became the mayor of Amritsar. Raj was just like his father and unfortunately lost his mother at a very tender age after which his grandmother took care of him.
Hans Raj followed his father’s steps and decided to pursue Law studies he successfully completed that and began his law practice which was a success for him.
However he has given many dynamic decisions but one of his decisions for which we all admire him the most was his firm stand in the Habeas Corpus Case (ADM Jabalpur vs. Shivakant Shukla) during Indira Gandhi’s emergency time. When Indira Gandhi lost her election case on June 12th 1975, she was granted only a conditional stay and could not exercise her voting or speaking powers in Lok Sabha and became just a nominal Prime Minister but she immediately after this declared a state of Internal Emergency. Now, this gave her the authority to rule by law that allowed allow her to suspend elections and civil liberties. Hans Raj Khanna was the only man out of the five-member bench to go against this action of hers because this type of rule is often applied by dictators.
Khanna stood firm of his stand that the state has no power to deprive a person of his life and liberty without legal authority. The rest of the other four members were agreed to the controversy of the government but Hans Raj fearlessly advocated his decision against Indira Gandhi. He prepared his judgement and was somewhere aware that his decision could cost him the Chief-Justice-ship of India but still he gave his decision in the court. The court went by the majority and declared that a person and antidote for illegal detentions, unauthorized demolitions, murder and anarchy. The Supreme Court sanctioned “The Rule of Lawlessness”. But later he had to face the repercussions he was outmoded for the post of Chief Justice of India by Indira Gandhi in January 1977 and the same day he proposed his resignation.
Although he later received accolades for his decision internationally too New York Time wrote once that, “If India ever finds its way back to the freedom of democracy that were proud hallmarks of its first 18 years as an independent nation, someone will surely erect a monument to Justice Khanna of the Supreme Court”. Khanna died on February 25th at the age of 95 during his sleep. He was indeed a courageous man who did not bother for the pressure of government and his colleagues rather he stood alone for the sake of saving democracy and the civil liberty of the common men.
Hans Raj followed his father’s steps and decided to pursue Law studies he successfully completed that and began his law practice which was a success for him.
However he has given many dynamic decisions but one of his decisions for which we all admire him the most was his firm stand in the Habeas Corpus Case (ADM Jabalpur vs. Shivakant Shukla) during Indira Gandhi’s emergency time. When Indira Gandhi lost her election case on June 12th 1975, she was granted only a conditional stay and could not exercise her voting or speaking powers in Lok Sabha and became just a nominal Prime Minister but she immediately after this declared a state of Internal Emergency. Now, this gave her the authority to rule by law that allowed allow her to suspend elections and civil liberties. Hans Raj Khanna was the only man out of the five-member bench to go against this action of hers because this type of rule is often applied by dictators.
Khanna stood firm of his stand that the state has no power to deprive a person of his life and liberty without legal authority. The rest of the other four members were agreed to the controversy of the government but Hans Raj fearlessly advocated his decision against Indira Gandhi. He prepared his judgement and was somewhere aware that his decision could cost him the Chief-Justice-ship of India but still he gave his decision in the court. The court went by the majority and declared that a person and antidote for illegal detentions, unauthorized demolitions, murder and anarchy. The Supreme Court sanctioned “The Rule of Lawlessness”. But later he had to face the repercussions he was outmoded for the post of Chief Justice of India by Indira Gandhi in January 1977 and the same day he proposed his resignation.
Although he later received accolades for his decision internationally too New York Time wrote once that, “If India ever finds its way back to the freedom of democracy that were proud hallmarks of its first 18 years as an independent nation, someone will surely erect a monument to Justice Khanna of the Supreme Court”. Khanna died on February 25th at the age of 95 during his sleep. He was indeed a courageous man who did not bother for the pressure of government and his colleagues rather he stood alone for the sake of saving democracy and the civil liberty of the common men.