VN Khare

VN Khare

Former Chief Justice of India

Assumed Office21st Mar, 1997

Retired On1st May, 2002

Previously

Chief Justice of the Calcutta High CourtFebruary 2nd 1996

Permanent Judge of the Allahabad High CourtJune 25th 1983

Chief Standing Counsel for State Government at Allahabad Bench

Enrollment1961

Age: 82

Tracked Cases: 0

Education

LLBAllahabad University

Profile

Of the 223 judgments Chief Justice Khare has written, his authorship has largely been regarding property (16.6%), civil (13.9%) and service (13%) related matters.

 

Notable Judgments

As an advocate, Justice Khare represented Prime Minister Indira Gandhi in the Allahabad High court in the famous case State of Uttar Pradesh v. Raj Narain. The case dealt with alleged electoral malpractice in the Prime Ministers’s constituency as one of her aides assisting her in the election was also a government servant. Justice Khare petitioned for the Prime Minister to be examined by a commission as opposed to testifying in court which was declined by the presiding Justice Sinha and strongly opposed by the U.P. Advocate general. Justice Sinha proceeded to find Prime Minister Indira Gandhi guilty in the Allahabad High Court and barred her from holding elected office for six years. The fallout of this case contributed to the declaration of Emergency on 25th June, 1975.

 

On 23rd January, 2004 while presiding as Chief Justice he passed a judgment in the case of Union of India v. Navin Jindal, upholding the fundamental rights of citizens to fly the national tri-colour flag. Restrictions had been placed prior to this judgment, only allowing the display of the flag on certain dates and only allowing Government buildings to display the flag on a regular basis. The court held such restrictions abrogated the fundamental right of freedom of expression and the then ‘Flag Code of India’ was just a series of executive instructions and not law.

 

Most Notably, Justice Khare made the decision to re-open the Best Bakery Case that was a result of the 2002 riots in Gujarat. The appeal was filed by the NHRC. On account of collusion between the prosecution and the accused in this case, with multiple instances of witness intimidation being recorded. A re-trial was ordered after Justice Khare heard the appeal to rectify this miscarriage of justice.