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The great dissenter

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  • The New York Times in an editorial dated April 30, 1976 stated “if India ever finds its way back to freedom and democracy, someone will surely erect a monument to Justice H.R. Khanna of the Supreme Court.” We did win back our freedom and democracy in March 1977 but we have not yet built a monument. However without a monument Khanna became a national hero and has found a secure place in our hearts because of the unamendable essential feature of his own basic structure, courage, which he displayed in ample measure.

    It is during emergencies, when the power of the state is vastly expanded that a citizen needs judicial protection most, and has to depend upon bold judges like Justice Khanna, a man whom the lust of office did not kill and the spoils of office could not buy. It is extraordinary that wherever and whenever Justice Khanna is remembered there is an air of freshness, an aura of goodness and decency because the actions of the good and the just forever smell sweet and blossom in the dust.

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    Khanna departed from our midst in late February last year. It befits all who value freedom and cherish courage to remember Justice Khanna, a noble soul and one of the greatest judges of India.

    The writer is former Attorney General of India

    Previous1234
    The great dissenterBy: dinesh | 06-Mar-2009 Reply | Forward Dear Sir, I do not understand why protection is to be given only to minority institutions - is it not discriminatory against the majority? Similarly the constitution mentioned reservations for backward classes - and not castes. How come we have this discrimination going on - decade after decade on the basis of 'castes' - with no end in sight and no creamy layer defined? Does this not violate the principle of equality before law? Not a pip heard from our glorious judiciary for the past 50 years. If this is not travesty of justice - what is?
    Justice KhannaBy: Pavan | 05-Mar-2009 Reply | Forward Dear Mr. Sorabjee,Thanks for highlighting the contributions of Justice Khanna. It was great to refresh the memory of this courageous, outstanding individual who in my opinion has done as much for laying the precedence of interpreting the Constitution, as Chief Justice Marshall did for the United States. Future generations will look back and thank providence that Justice Khanna graced our courts and was there at the right time to ensure our continuing freedoms. I hope he is as venerated in India as Justice Marshall is in the legal community of the US. Such icons not only leave their mark in their lifetime but can also serve as an inspiration to young jurists coming into the legal fraternity. His name and deeds have to be extolled and I sincerely wish you and other leaders of your profession would take the lead to do so. Regards Pavan
    The Great DissenterBy: Deepak K. Mehta | 05-Mar-2009 Reply | Forward Dear Mr. Sorabjee, We must have some kind of institutional arrangement so that as time goes, we, as a society, do not forget Mr. Justice Khanna's role in keeping our freedoms alive. Those of us who lived through the emergency would appreciate it more than we can express.People like you can get it started and others can take it forward. Please see, Sir, if this can be done. I am an ordinary citizen of India but I feel we have come periliously close to forgetting his contribution. For example, my teenaged daughter does not even know his name. We are ready to contribute financially and in what manner we can. Warmest Regards,Deepak K. Mehta (Bangalore)
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