CJI Khanna’s commitment to justice unwavering: Senior advocate Kapil Sibal

New Delhi, May 13 (PTI) Senior advocate and Supreme Court Bar Association president Kapil Sibal on Tuesday outlined Chief Justice of India Sanjiv Khanna's "unwavering" commitment to justice in his two-decade long tenure as a judge.

Speaking at Justice Khanna's farewell function organised by the SCBA, he said, "I have practised before you in the high court and this court, but your commitment to the cause of justice has always been unwavering in the 20 years you have been on the bench." Sibal said the outgoing CJI steered the top court with circumspection and an uncanny sagacity.

"You will be remembered for steering the ship in turbulent times and anchoring it for its voyage to be carried forward by your successor, Justice B R Gavai." Justice Khanna, he said, sought to embody the ideals of the Constitution, besides striving to balance all interests in the highest traditions of judgeship.

"Your judgments have embraced concepts of secularism, protected the rights of minorities, (while) balancing state interest with the fundamental rights conferred on our citizens. You have been fearless in ensuring the accountability of those who transgress the laws," Sibal added.

The senior lawyer, who has spent five decades at the bar, said Justice Khanna was a "strong and independent judge" of unquestionable integrity.

His incisive and pointed questions cut straight to the heart of a case and demonstrated meticulous preparation, he added.

"You had the uncanny ability honed by your experience on the bench and years of practice to anticipate and foil any attempt by counsel to obfuscate the issues for a favourable outcome. Your courtroom has been a place where all persons, regardless of background or identity, believed that they would be judged only by the strength of their case," Sibal shared.

Justice Khanna, he said, was among those rare judges who accomplished such a sense of fairness in courtrooms.

"In your tenure as CJI, you did not shy away from hearing cases that raised important constitutional questions. Even when these cases were at the centre of political hailstorms, you passed timely and balanced orders, restoring the faith of the people in justice and reaffirming constitutionally mediated forms of discourse." Sibail underscored its importance, particularly matters which touch on freedom of religion, which, regretfully, he felt were marked by polarising and often polemic forms of political discourse.

"Your approach has been one of restraint but never indifference," he added.

Justice Khanna’s judgments were stated to be marked by clarity, precision and an unwavering commitment to fairness.

"Your approach reflects a deep allegiance to the text of the law, while also recognising that fidelity to constitutional values demands a pragmatic and humane lens, especially in the face of today's complex, plural realities," Sibal said.

Regarding the role of judges, the senior advocate said, "This nation, in my belief, is at the crossroads, where we wherein we need judges who protect rights of citizens, further the cause of equality and defend the security of the state by destabilising elements who do not wish India to be the great power that it is destined to be." Sibal said institutional atrophy and the rise of a culture of dominance, consequently leading to societal insecurity, besides issues of economic aggrandisement, were matters that the apex court could expect to deal with in the years to come.

"The 33 judges of this court, the brave hearts who must display the courage and integrity must meet such challenges consistent with the principles of those who hoped that our tryst with destiny would make this nation not only a great political and economic power, but a nation in which every citizen cherishes the values of tolerance, of fraternity, of oneness and of the ability to express his or her views, and finally, to be heard and not be silenced by the might of the mighty and the whims of those who are intolerant," he added. PTI MNR MNR AMK AMK

Source: PTI