“You will be missed”: Supreme Court Bar bids farewell to CJI Sanjiv Khanna

As Chief Justice Sanjiv Khanna entered Court No. 1 this morning, he was joined by CJI-designate B.R. Gavai and Justice P.V. Sanjay Kumar. This special Ceremonial Bench had assembled to bid adieu to the outgoing Chief. The day’s proceedings began as usual. A counsel mentioned a transfer petition in a divorce matter, other mentions followed, the bench heard matters on the causelist in order and gave listing dates. But the air was different. It marked the last time CJI Khanna would sit at the Bench in Court. 

The courtroom was packed with black coats and white bands. In the front row, the usuals stood—Attorney General R. Venkataramani, Solicitor General Tushar Mehta, Senior Advocate and SCBA President Kapil Sibal, SCAORA President Advocate Vipin Nair and Vice-President Advocate Amit Sharma.

“You enhanced the prestige of the chair on which you sat”

Venkataramani kick-started the speeches for the day. He said that “a hundred kindred hearts” had poured into the courtroom to wish the Chief Justice farewell.. “You found that institutional integrity is paramount and stood by it both in judicial pronouncement as well as court management”, he said. Mehta, who followed, stated that [in the Khanna Court], litigants may have won or lost, but as lawyers, they never felt lost. Each of them was heard with the same patience and attention. 

Sibal praised the clarity and intuition with which CJI Khanna grasped the core of any argument. “You enhanced the prestige of the chair on which you sat,” he said. He joked that from tomorrow, the Chief will have to unlearn the habit of being a judge—a post he has held for 20 years. 

The Bar also made ample cricket references. Senior Advocate Dushyant Dave called CJI Khanna an all-rounder: “Batting with the Constitution, fielding with fundamental rights and bowling with justice in your mind.” Senior Advocate Menaka Guruswamy added that two greats had retired this week—Virat Kohli and CJI Khanna. Earlier this year, the judges of the Supreme Court played a cricket match against the SCAORA members. The Chief had helped set a target of 126 runs after five early wickets. The match ended in a tie, but the Bar remembered who steered the ship.

The many lawyers also paid tribute to CJI Khanna’s lineage. Justice H.R. Khanna, his uncle, was remembered as the courageous judge who dissented during the Emergency. Advocate Sanjay Hegde stated that Justice H.R. Khanna, “the best Chief Justice that India never had,” would have approved Justice Khanna’s tenure as Chief Justice.  Mehta and Sibal echoed the sentiment. Nair added that “the DNA of judicial courage” had, indeed, been passed from one generation to the next.

“A legacy of his own” 

Justice Gavai was reflective. He recalled that both he and CJI Khanna had begun their Supreme Court tenures simultaneously. The incoming Chief said that CJI Khanna respected differing views and that he cherished their time together on Constitution Benches and in the Collegium.

Referring to the fact that  Justice H.R. Khanna never became Chief Justice, Justice Gavai remarked that it was “nothing short of poetic justice” that Sanjiv Khanna came to hold that position. Justice H.R. Khanna was famously superseded by Justice M.H. Beg in the running for Chief in 1977. The decision is widely seen as a consequence of his dissent in the ADM Jabalpur case. “History has come full circle,” Justice Gavai said. He added that CJI Khanna not only carried forward that legacy through his judicial and administrative work but also created a “legacy of his own.”

Justice Kumar, who shared the Bench with CJI Khanna over the last 10 months, praised his remarkable memory. He joked that the only thing the Chief could not remember was the names of the parties while dictating orders. He added that the experience working alongside CJI Khanna made him more “pragmatic”, “patient”, and “practical.” Responding with a smile, CJI Khanna joked back that, like most lawyers, he never reads the names of the parties.

CJI Khanna: “Carry with me a lot of memories” 

In his farewell speech, CJI Khanna praised the Bar for its role in upholding public trust in the judiciary. He said that members of the Bar were vital “checks and balances” in the judicial system. He expressed his gratitude, saying that he was overwhelmed by the words of admiration from his colleagues and friends.

As he bid farewell, he also praised and congratulated Justice Gavai, who will be sworn in as the 52nd CJI tomorrow. CJI Khanna called him one of his biggest supporters and said he would be an excellent Chief Justice who would “uphold the institution, the fundamental rights and the doctrines that we have adopted and applied.”

With that, CJI Khanna thanked the Bar and walked out of the courtroom one last time.