New Delhi:
In his new attack aimed at the judiciary and emphasizes that the parliament is “supreme”, Vice -president Jagdep Dhankhar Justice Hans Raj Khanna, a former judge of the Tophof that emerged at the Indira Gandhi government during the emergency situation in 1975, and the uncle of the Proporatory judge of the Proporation of the Proporation of the Provincian
The vice-president spoke in the Delhi University Campus Law Center at the launch of Kartavyam, a lecture series that marks 75 years of approval of the Constitution.
At the start of his address, Mr Dhankhar referred to the mention of Justice HR Khanna of Delhi University, Vice-Chancellor Yogesh Singh as alumnus of the Campus Law Center. The vice-president then refers to the emergency situation as the “darkest period of democracy”.
The vice-president said the country is needed to remind the country why the Constitution Day and the Samvidhan Hatya Divas are celebrated. “On November 29, 1949, the Constitution was adopted. And it was destroyed on 25 June 1975. That was the darkest period of democracy,” he said, referring to the emergency situation.
During the emergency, Mr Dhankhar said, the Supreme Court ignored the advice of nine high courts that fundamental rights cannot be put on hold. “There was one different voice, and that was from an alumnus 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 line for the Chief Justice of India Post in 1977. But that wasn't. The Indira Gandhi government imposed the emergency situation in 1975. In 1976, a bank with the Constitution of five judges heard a case about the suspension of fundamental rights during the emergency situation – known as the ADM Jabalpur vs Shivkant Shukla case – and ruled that the right to personal freedom can be suspended in the interest of the state. Justice HR Khanna was the only different court in that 4: 1 judgment. Nine months after the verdict, the Indira Gandhi Government Justice MH appointed the supreme judge, who replaces Justice Khanna. Justice Khanna resigned shortly afterwards. Nine years after he died in 2008, the milestone opinion was canceled by a bank with nine rights of the Supreme Court in the opinion of Puttuswamy versus Union of India.
Justice Khanna has since emerged as a symbol of resistance to state power. The BJP often has the treatment by the Indira Gandhi government of the judge to attack the congress.
A deserved cousin
Superenary judge of India Sanjiv Khanna is known to be his uncle. According to sources in the vicinity of the family, the father of the supreme judge, justice Dev Raj Khanna, a judge of the High District of Delhi, and his mother, Saroj Khanna, a professor, wanted their son to become a chartered accountant because a career in the law was challenging. But he was inspired by his uncle, who took the state. “He always considered his uncle as an idol and followed his work sharply,” a source told NDTV. Chief judge Sanjiv Khanna has saved all the copies of the judgments of Justice HR Khanna, his notes and registers, the source said. In 2019, the first day of Justice Sanjiv Khanna was the judge of the Supreme Court in the courtroom that his uncle once was. The room has a portrait of Justice HR Khanna.
The supreme court will retire next month, after which Justice BR Gavai will take over the top post.
Vice President's new attack
Vice -President Dhankhar doubles his offensive against the judiciary and has said that if a citizen is the soul of democracy, representatives are the ultimate masters of what should be constitutional content. “There is no visualization in the constitution of any authority above parliament. Parliament is supreme,” he said.
The makers of the Constitution, he said, avoided confrontation and went for consensus. “I find it incredibly intriguing that some have recently thought that constitutional offices can be ceremonial and graceful. Nothing can be far away from a wrong understanding of the role of everyone in this country,” he said.
“Public order thrives when each individual acts as the guardian of justice and justice. How can our democracy disruption, constitutional challenges and attacks to tolerate the ethos of civilization,” said the vice president.
The new Jabs of the vice-president at the Tophof follow his total attack on the judiciary in the aftermath of the judgment of the Supreme Court in the Tamil Nadu case that effectively set a deadline for the president and the governors to erase the legislative power for the second time. “We cannot have a situation in which you lead the president of India and on what basis … Article 142 (has become a nuclear rocket against Democratic forces, available for the judiciary 24 x 7,” he said.
BJP MPS 'attack on the judiciary
The comments of the vice-president also take place in the midst of the criticism of the judiciary by a part of BJP leaders. BJP MP Nishikant Dubey led to a row when he said that Parliament should be closed if the Supreme Court makes all decisions. “The Supreme Court exceeds its limits … When the Ram Mandir, Krishna Janmabhoomi or Gyanvapi issue arises, you say (Supreme Court),” Show us the newspaper. “But for mosques built after the mughals came, you are going to have paper tones? The High -Landstshof is responsible,”, ” Dubey asked how the Supreme Court can determine a deadline for president and governors to erase bills.
The BJP leadership has renounced the comments of its leaders. BJP President JP Nadda went to X to erase the stand of the party. “The Bharatiya Janata party has nothing to do with the statements of BJP MPs Nishikant Dubey and Dineh Sharma for the judiciary and the supreme judge of the country. These are their personal statements, but the BJP does not vote or supports such explanations. The BJP fully rejects these statements.” However, the opposition has accused the ruling party of threatening the judiciary and trying to weaken.
