'Public Trust In Judiciary Can't Be Commanded, Must Be Earned' : CJI Sanjiv Khanna In Farewell Address

Chief Justice of India Sanjiv Khanna, who demits office today, received a warm and resounding farewell from members of the Supreme Court Bar during the ceremonial bench proceedings held in his honour.In a thickly crowded courtroom, a broad cross-section of the legal fraternity, from the Attorney General and Solicitor General to Senior Advocates and young members of the Bar, conveyed their admiration for Chief Justice Khanna.Attorney General for India R Venkataramani hailed the clarity and simplicity of the decisions of CJI Khanna and said that he strived to uphold liberties and institutional integrity. Solicitor General of India Tushar Mehta, who appreciated CJI Khanna's crisp judgments and the patient hearing afforded by him to everyone, said that he would make his uncle Justice HR Khanna proud today.Senior Advocate Kapil Sibal, the President of the Supreme Court Bar Association, said that CJI Khanna carried forward the legacy of Justice HR Khanna. "There is no branch of law in which your clarity of thought was not evident from this side of the bench. Your encouragement of young advocates, urging them to take the floor and argue, embodies the very best qualities of a judge. You represent what truly matters in the judiciary," Sibal said.Additional Solicitor General SV Raju, referring to an article published by LiveLaw on CJI Khanna's legacy, said, "I recently read an article which praised you saying that you quitely defended the Constitution through trials by fire and that without chasing legacy or limelight, you took firm decisions that protected liberty, and preserved public trust in the judiciary. I could not agree more." ASG also testified CJI Khanna's simplicity by recalling that once he saw him having his morning walk alone without any security in the Lodhi Gardens.Senior Advocates Raju Ramachandran, Sanjay Hegde, Vibha Datta Makhija, Shadan Farasat, PC Sen, Menaka Guruswamy, Dushyant Dave, Adhish Agarwala, AM Singhvi, ASGs Aishwarya Bhati and N Venkataraman, SCAORA President Vipin Nair etc., also heaped praises on the outgoing CJI. He was hailed for his "spine of steel" and the graceful manner in which he held the Court.Interestingly, Sr Advocate PC Sen mentioned how the CJI's grandfather, Sarav Dayal was part of the Municipal Committee of Amritsar. In protest against the Jallianwala Bagh Massacre, he refused to support the resolution welcoming Lord Reading as the Viceroy of India. Sen highlighted that CJI Khanna hails from family with notable dissents, one in the ADM Jabalpur Case by his Uncle, Justice HR Khanna and another being his grandfather Sarav Dayal. Dave, using a cricket analogy, said that CJI Khanna led the institution like a perfect all-rounder, "batting with the Constitution in your hand, fielding with the fundamental rights in your hand and bowling with justice in mind." He said that CJI Khanna has strengthened the institution on both the administrative and judicial sides.Justice Gavai, the successor CJI, termed CJI Khanna as a "gentleman in Court", and said that his judgments reflected clarity of thought and sensitivity to human rights. Referring to the recent decision taken by the Full Court to publish the assets of the judges, Justice Gavai said that this decision showed CJI Khanna's "penchant for transparency."He is a gentleman to the core in every sense. His humility and calm demeanour have always stood out," Justice Gavai said.Justice Sanjay Kumar, who used to share the bench with CJI Khanna, praised his sharp memory and unyielding patience in the Court. "I have noticed his unending patience with lawyers who are not coming prepared, I would get irritated instead.. With sincerity and a sense of purpose, he pursued his duties, be it judicial or administrative tasks." Justice Kumar said that as a High Court judge, he used to have a narrow and pedantic approach, but he learnt pragmatism from CJI Khanna.In his reply speech, CJI Khanna thanked everyone for their words of appreciation."I am completely overwhelmed, I carry with me a lot of memories. And memories which are very nice, which will remain throughout. Once you are a lawyer, you remain a lawyer. The public trust which the judiciary has, it cannot be commanded. It has to be earned. And we earn it through the members of the bar and the bench. Judiciary is a common term which refers to both the judges and the bar. You (bar) are a built-in check apart from the other checks on the system. You (bar) are the conscience-keeper."As for his successor, CJI Khanna said that Justice Gavai will be an excellent Chief Justice who "is going to uphold the institution, the fundamental rights, and uphold the basic doctrines of law."

'Public Trust In Judiciary Can't Be Commanded, Must Be Earned' : CJI Sanjiv Khanna In Farewell Address

Anmol Kaur Bawa

CJI Khanna said that the bar is the conscience keeper of the bench.

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