Who is Hans Raj Khanna?

Justice Hans Raj Khanna, former Supreme Court judge, who won international
acclaim for his judgement during Emergency that courts cannot shut the doors for
citizens against illegal detention, passed away in his sleep on 25th February at the
age of 95.
Born in Amritsar, Punjab on July 3, 1912, Khanna was the son of a freedom fighter
Sarb Dyal Khanna who was a lawyer and later became the mayor of Amritsar.
Khanna’s mother died young and his grandmother looked after the household.
Following his father’s footsteps, Khanna decided to study law after school. Soon
after receiving the degree he started his own practice which was a success.

A Judge Who Stood Against the Prime Minister-Indira Gandhi

He was well known for his judgment in the case of ADM Jabalpur v. Shivkant
Shukla AIR 1976 SC 1207; Indian judiciary at that time was going through a dark
phase. The Supreme court held that Article 21 includes the right to life and personal
liberty against its unauthorized deprivation by the State. In case of suspension of
Article 21 by emergency under Article 359, the court cannot question the authority
or legality of such type of State decision. Article 358 is much broader than Article
359 as fundamental rights are suspended completely in the former but not necessarily
in the later.
Justice Khanna was even terminated from his position of chief justice by late Prime
Minister Indira Gandhi for his honest work ethic against the existing government at
the time of emergency. This case is more commonly known as the Habeas Corpus
Case. Habeas corpus is a Latin phrase which means that “you must have the body”.
In the legal context, this means “a writ ordering a person under arrest to be brought
before a court of law, so that the court may ascertain whether his/her detention is

lawful”. In his dissent, Khanna said, “What is at stake is the rule of law …the
question is whether the law speaking through the court can be absolutely silenced
and rendered mute .”

Habeas Corpus Case

The Indira Gandhi removal case that followed was the famous Habeas Corpus Case,
which was decided by a Five Judge Bench comprising CJI A.N. Ray, Justice Beg,
Justice Chandrachud, Justice Bhagwati and Justice Khanna. Excluding Justice
Khanna, the four others unabashedly and unflinchingly supported the Government
in power concurring that no person can move the court by filing a writ of Habeas
corpus questioning their grounds for detention during a proclamation of emergency.
Justice Khanna stood alone in his dissent against Indira Gandhi. He maintained his
view that no state has the power to deprive the person of his life and liberty without
legal authority.

Justice Khanna’s Autobiography

Justice Khanna in his autobiography Neither Roses Nor Thorns (2003) revealed that
the night before the judgment he told his sister that even though his decision would
cost him the seat of the Chief Justice of India, he had made up his mind. He
vehemently dissented stating that the Judges were not there to only decide cases, but
rather decide them as they deemed it to be correct.
This case became so groundbreaking that it was dissented not only in India but also
internationally in several countries.

Death and Legacy

He died at the age of ninety-five on 25 February, 2008 during his sleep. A silent end
peaceful end to someone who changed the picture of decision-making and inspired
many people through his courage and commitment.
It is not easy to take decisions, especially in situations as crucial as the emergency.
But Khanna proved his worth and made a most historical decision which might not
have resulted in substantial change at the time, but it opened the gates for many who
want to take a stand for what they believed in.

Justice Khanna was an amazing judge, an honorable citizen and above all, a free
man, and this is how we all will remember him for many years to come.

If you want to know more about Hans Raj Khanna then Click Here.

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