New Delhi:
In his new attack, “Supreme”, Vice President Jagdeep Dhik, to target the judiciary and insist on Parliament, mentioned the top judge Hans Raj Khanna to stand for the Indira Gandhi government for the Indira Gandhi government during the Emergency in 1975, and the uncle of Chief Justice of India Sanjeev Khanna.
The vice -president spoke at the launch of Kartavam at Campus Law Center of Delhi University, which is a lecture series for 75 years of adopting the Constitution.
At the beginning of his address, Mr. Dhikar mentioned as an alumnus of the Campus Law Center of Justice HR Khanna of Delhi University, Yogesh Singh, Vice Chancellor of Delhi University. The Vice President then referred to the Emergency as the “dark period of democracy”.
The Vice President said that there is a need to remind the country why Constitution Day and Samvidan Hatya Day are celebrated. He said, “On November 29, 1949, the Constitution was adopted. And it was destroyed on 25 June 1975. It was the deepest period of democracy.”
During the Emergency, Mr. Dhankhar said, the Supreme Court ignored the advice of nine high courts that fundamental rights could not be held. “There was a disgruntled voice, and it was from an alumni of this place,” he said, referring to Justice HR Khanna.
Who was Justice HR Khanna
Justice Hans Raj Khanna became a judge of the Supreme Court in 1971 and was in queue for the Chief Justice of India in 1977. But it was not. The Indira Gandhi government imposed an emergency in 1975. In 1976, a bench of the Five -Nyaya Constitution heard a case on the suspension of fundamental rights during the Emergency – known as Adam Jabalpur vs Shivkant Shukla case – and ruled that the right to personal freedom could be suspended in the interest of the state. Justice HR Khanna was the only disgruntled judge in that 4: 1 judgment. Nine months after the verdict, the Indira Gandhi government except Justice Khanna appointed the Chief Justice like Justice MH. Justice Khanna soon resigned. Nine years after his death in 2008, the Landmark’s decision was rejected by a nine -judge bench in the decision of Putuswamy vs India.
Justice Khanna has ever emerged as a symbol of resistance to state power. The BJP has often completed the treatment of the judge to attack the Congress of the Indira Gandhi government.
A worthy nephew
Chief Justice of India Sanjeev Khanna is known for idolating to his uncle. According to sources close to the family, the father of the Chief Justice, Justice Dev Raj Khanna, a judge of the Delhi High Court, and his mother, Saroj Khanna, a professor, his son wanted to become a chartered accountant as a career was more challenging in the law. But he was inspired by his uncle, who took the kingdom. A source told NDTV, “He always considered his uncle as an idol and chased his work.” The source said that Chief Justice Sanjeev Khanna has preserved all copies of Justice HR Khanna’s decisions, his notes and registers. In 2019, Justice Sanjeev Khanna’s first day was in court as a judge of the Supreme Court, his uncle was once seated. The room has a picture of Justice HR Khanna.
The Chief Justice is ready to retire next month, after which Justice Bra Gavai will hold the top post.
Vice President’s latest attack
Doubling his aggressive against the judiciary, Vice President Dhanker has said that if a civilian is the soul of democracy, the elected representative is the last owner of constitutional material. He said, “There is no scene in the Constitution of any authority over Parliament. Parliament is supreme,” he said.
The creator of the Constitution, he said, avoided confrontation and went for consensus. He said, “I feel surely complicated that some have recently reflected that constitutional offices can be formal and decorative. Nothing can be away from the wrong misuse of everyone’s role in this country,” he said.
The Vice President said, “The public system flourishes when every person acts as the patron of law and justice. How can our democracy tolerate the attack on disintegration, constitutional challenges and civilization ethos,” said the Vice President.
The latest Jabs of the Vice President in the apex court followed his all-out attack on the judiciary following the Supreme Court’s decision in the Tamil Nadu case, which effectively set a time limit for the President and the Governors to clean the bills passed by the legislation for the second time. “We may not have a situation where you direct the President of India and on what basis … Article 142 (has become an nuclear missile against democratic forces, which is available for the judiciary 24 x 7,” he said.
BJP MPs attack on judiciary
The Vice President’s comment was also played by a section of BJP leaders amid criticism of the judiciary. BJP MP Nishikant Dubey provoked a line when he said that if the Supreme Court takes all the decisions, Parliament should be closed. “The Supreme Court is crossing its boundaries … When the issue of Ram temple, Krishna Janmabhumi, or Gyanvapi arises, you (Supreme Court) say, ‘Show us paper’. But for mosques built after the Mughals arrive, you are saying how you will show the papers? Mr. Dubey asked how the Supreme Court can set a time limit for the President and the governors to clean the bills. BJP leader Dinesh Sharma said that no one can “challenge” to the President, as the President is “supreme”.
The BJP leadership has removed itself from the comments of its leaders. BJP President JP Nadda faced X to clean the party’s stand. “The Bharatiya Janata Party has nothing to do with the statements made by the country’s judiciary and the Chief Justice by BJP MPs Nishikant Dubey and Dinesh Sharma. These are his personal statements, but the BJP neither agree with such statements nor supports such statements. However, the ruling party has accused the ruling party of threatening and trying to weaken the judiciary.
