Next, CJI Sanjeev Khanna, a proponent of personal freedom, cross-examines lawyers from memory

The apex court bench, then headed by CJI Ranjan Gogoi, was heavily criticized by former and sitting Supreme Court judges for this change. The bench of CJI Gogoi was primarily criticized for not implementing the order to nominate names for promotion to the SC without including the judge. Sanjeev Khanna— which was approved in December 2018 before one of the members resigned.

In January 2019, changes were made to the composition of the panel: a new judge was introduced to its composition. This commission modified the previous resolution to include Judge Hanna.

Later, in his autobiography, former CJI Gogoi defended Justice Sanjeev Khanna’s recommendation while accepting the new bench reconsidering the December 2018 resolution. This, he said, was done to ensure a clear line of succession after the retirement of CJI Chandrachud as most of the judges appointed to the SC by then were expected to retire before the last day of Chandrachud’s tenure.

However, the controversy surrounding his appointment did not last long among Justice Sanjeev Khanna, who has heard a number of cases as a Supreme Court judge over the past five years. From hearing and deciding purely civil cases to cases of constitutional importance, Justice Khanna’s activities, both as a High Court Judge and as a Supreme Court Judge, have been very varied.

The common themes that bind his verdicts are the primacy of personal freedom, active democratic participation and respect for individual autonomy. Source close to justice Sanjeev Khanna told ThePrint that given that his tenure as CJI will be short, just six months, Khanna is “planning to come up with a plan to reduce the time period for disposal of the case in the high court and has already discussed the issue.”

A Delhi HC lawyer who has seen him work closely first as a lawyer and then as a judge vouches for Judge Khanna’s pragmatic approach and thorough preparation. “That he chose to start his practice in the district courts rather than rush to either the high court or the Supreme Court shows that he is extremely careful about building a strong foundation.”

Taking on many legacies

Third generation lawyer, Justice Sanjeev KhannaHis introduction to the legal profession began when he was a teenager. He was in class 12 when his uncle Judge H.R. Khanna made headlines by resigning from the Supreme Court. Nine months earlier he had issued a special verdict in ADM Jabalpur vs Shivkant Shukla incident during the 1976 emergency.

The case, considered India’s most notorious habeas corpus case, is seen as a black spot in the judiciary.

While four of his colleagues on the bench supported Indira Gandhi’s declaration of Emergency, which restricted the fundamental rights of Indian citizens, Justice H.R. Khanna declared the move unconstitutional and contrary to the rule of law. The judge paid the price. Then the Congress government led by Indira Gandhi declared Justice M.H. Bega as the next CJI, replacing Justice H.R. Hannah.

Although the unrest over his uncle’s removal and subsequent resignation had no immediate impact on Judge Hannah, his uncle’s “outstanding personality” left an indelible mark on him as a teenager.

“His uncle’s victim is part of the legal story. All law students read about him and his opinions in textbooks or scientific works related to law. He was an obvious inspiration to him (Judge Hannah), although they rarely interacted. They often met at their family’s ancestral home in Dalhousie, built by Judge Hannah’s grandfather. As a young lawyer and later a judge, he was always in awe of his uncle, hoping to emulate him in every way,” said a Delhi-based HC lawyer quoted earlier.

But it was his father who encouraged him to enter the legal profession. Judge D.R. Khanna served as a judge of the Delhi High Court until 1985. Therefore, after graduating from St. Stephen’s College in 1980, Sanjeev Khanna joined the Delhi University Campus Law Center and three years later, in 1983, joined the Delhi University as a lawyer. Delhi Bar Council.

“He felt that law was his field and it was his first choice after graduation,” said the lawyer mentioned earlier. “Maybe it’s in his genes too.”

Judge Khanna’s grandfather was well known in Amritsar even before partition. Municipal councilor Sarv Dayal Khanna was chosen as the citizen representative of Amritsar for his participation in the committee formed by the Indian National Congress after the Jallianwala Bagh massacre.

“The people of India had more confidence in this committee than in the Hunter Commission, which was appointed by the British Government for this purpose,” noted Justice H.R. Hannah in her autobiography. Neither roses nor thorns. Sarv Dayal Khanna did a great job of recording the evidence before this committee, which included C.R. Das and Moti Lal Nehru.

From Tisa Hazari to Delhi HC

Despite his stellar legacy, Judge Sanjeev Khanna chose a humble beginning to his legal career. He started his practice in Tisa Hazari although his father was a sitting judge of the Delhi High Court.

“This is because he sought to understand the fundamental principles of the profession. Working in trial courts will prepare you for the more complex challenges of this career and lay the foundation for future practice. As a result of this training, Judge Hannah has the memory of an elephant. He is one of those rare judges who doesn’t take extra notes when reading a case. Yet, he cross-examines lawyers during hearings,” said a senior member of Justice Khanna’s panel.

His focus on the county court system proved beneficial to him. In addition to practicing civil law, he had to hone his skills as an income tax lawyer. “In the cases of IT charges, which were then heard in large numbers in the courts, very few lawyers were involved. Criminal lawyers have been reluctant to take up such cases as they are more document-oriented as compared to criminal cases which rely heavily on ocular evidence,” said a senior Khanna judge.

Income tax lawyers were reluctant to approach the trial courts to challenge the charges filed by the department. Judge Hanna took advantage of this vacuum and developed his expertise in an area that reflects his decisions in complex civil cases.

His HC practice was marked by a significant seven-year stint as Senior Standing Counsel, Income Tax Department and Standing Counsel (Civil), National Capital Territory of Delhi in 2005. Judge Khanna’s diverse legal portfolio includes contributions as an additional prosecutor and amicus curiae in criminal matters.

His passion for the mountains and the fact that he belongs to a family that loves hiking regularly brings Judge Hannah back to Dalhousie. In June 2005, he was on his way to his ancestral home when he received a call from then Delhi High Court Chief Justice B.S. Patel and announced his elevation.

Judge Hannah didn’t flinch. He continued his journey, spent time with his family in Dalhousie and returned to Delhi four days later to take the oath.

Judge Khanna, known to be a workaholic and a man who makes little appearances (if any) in Delhi’s legal circles, delivered his first verdict within a week of his appointment. The decision came with reservations for the scheduled castes in Delhi, given that the capital does not have full state status.

“He doesn’t believe in rhetoric, he sticks to controversial issues.”

Before his appointment to the apex court, Justice Sanjeev Khanna delivered 4,989 judgments and 3,368 final orders. “He does not believe in rhetoric and sticks to the controversial issues discussed in this issue. Thus, many of its decisions are not considered reportable as they are based strictly on the facts of the case,” said a Delhi HC lawyer who appeared before the judge in several cases while working there.

Some of Justice Khanna’s notable decisions in the HC include his famous opinion upholding the Centre’s 2009 notification banning on-screen smoking. It also agreed to require the notice to display smoking cessation as long as it does not interfere with the continuity of the film, documentary or series.

In 2018, Justice Khanna headed the HC bench that quashed then President Ram Nath Kovind’s notice to disqualify 20 Aam Aadmi Party (AAP) MLAs. This notice was issued on the recommendation of the Election Commission of India (ECI) following allegations that they were holding lucrative positions as parliamentary secretaries.

As a Supreme Court justice, Khanna authored several landmark decisions and served on several constitutional panels there. Based on practical experience, Justice Khanna’s approach as a judge is characterized by a realistic view of dispute resolution and efficient use of judicial time.

“Lawyers appearing before him do not have the opportunity to go beyond the facts of the case. He does not encourage irrelevant arguments and interrupts whoever the lawyer is who tries to do so,” the Supreme Court lawyer said.

His practice in the lower courts has made him generous towards all lawyers as long as they do not follow the rules of the Supreme Court, the lawyer added. “In his view, no party should suffer because they cannot afford to hire a senior Supreme Court lawyer and are making extra efforts to balance the capital,” the lawyer said.

Judge Hanna, who retires May 13, 2025, has issued 149 decisions. He headed the panel that passed these sentences. As a non-presiding judge, he issued 159 decisions. He was one of the members of the constitutional panel that supported the abrogation of Article 370 and accordingly abolished the electoral deposit scheme.

Currently, Justice Khanna is also the Executive Chairman of the National Legal Services Authority and serves on the Governing Council of the National Judicial Academy, Bhopal. Under his leadership, the National Legal Services Authority developed an approach that prioritizes direct community participation, expanding access to justice at the grassroots level.

(Edited by Gitanjali Das)