Justice Sanjiv Khanna takes oath as 51st CJI
New Delhi (PTI): Justice Sanjiv Khanna was on Monday sworn in as the 51st Chief Justice of India.
President Droupadi Murmu administered the oath of office to him at a brief swearing-in ceremony held at the Rashtrapati Bhavan.
Justice Khanna took the oath in English in the name of god.
Born on May 14, 1960, Justice Khanna will serve as the CJI for a little over six months and demit office on May 13, 2025, on attaining the age of 65 years.
He succeeds Justice D Y Chandrachud, who demitted office on Sunday.
Vice President Jagdeep Dhankhar, Prime Minister Narendra Modi, Defence Minister Rajnath Singh, Union Law Minister Arjun Ram Meghwal and former CJI J S Khehar were among those present on the occasion, besides Justice Chandrachud.
Justice Khanna, who served as a Supreme Court judge since January 2019, has been part of several landmark judgments such as upholding the sanctity of EVMs, scrapping the electoral bonds scheme, upholding the abrogation of Article 370 and the granting of interim bail to former Delhi CM Arvind Kejriwal.
Hailing from an illustrious Delhi-based family, Justice Khanna is the son of former Delhi High Court judge Justice Dev Raj Khanna and the nephew of prominent former apex court judge H R Khanna.
Justice Sanjiv Khanna, who was elevated as a judge of the Supreme Court on January 18, 2019, was a third-generation lawyer before being appointed as a judge of the high court. He is driven by the zeal to reduce pendency and speed up justice delivery.
Justice H R Khanna, the uncle of Justice Sanjiv Khanna, hit the headlines by resigning in 1976 after he wrote a dissenting verdict in the infamous ADM Jabalpur case during the Emergency.
The majority verdict of a Constitution bench, upholding the abrogation of fundamental rights during the Emergency, was considered a "black spot" on the judiciary.
Justice H R Khanna declared the move unconstitutional and against the rule of law and paid a price as the then central government superseded him and made Justice M H Beg the next CJI.
Justice H R Khanna was part of the landmark verdict propounding the basic structure doctrine in the Kesavananda Bharati case of 1973.
Among the notable judgments of Justice Sanjiv Khanna in the Supreme Court is upholding the use of electronic voting machines in elections, saying the devices were secure and eliminated booth capturing and bogus voting.
A bench headed by Justice Khanna, on April 26, termed the suspicion of the manipulation of EVMs "unfounded" and rejected the demand for reverting to the old paper ballot system.
He was also part of the five-judge bench that declared the electoral bond scheme, meant for funding political parties, as unconstitutional.
Justice Khanna was a part of the five-judge bench, which upheld the Centre's 2019 decision abrogating Article 370 of the Constitution which granted a special status to the erstwhile state of Jammu and Kashmir.
It was the Justice Khanna-led bench, which for the first time, granted interim bail to Kejriwal, the then chief minister, in the excise policy scam cases till June 1 to campaign in the Lok Sabha election.
Born on May 14, 1960, he studied law at the Campus Law Centre of Delhi University.
Justice Khanna was the executive chairman of the National Legal Service Authority (NALSA).
He enrolled as an advocate with the Bar Council of Delhi in 1983 and initially practised in the district courts at the Tis Hazari complex here, and later, in the Delhi High Court.
He had a long tenure as the senior standing counsel for the Income Tax Department. In 2004, he was appointed as the standing counsel (Civil) for the National Capital Territory of Delhi.
Justice Khanna had also argued in a number of criminal cases at the Delhi High Court as an additional public prosecutor and as an amicus curiae.
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Allahabad HC sets aside maintenance order in favour of earning wife, says she didn't tell truth
Prayagraj (PTI): The Allahabad High Court has set aside a lower court order mandating a man to pay maintenance to his estranged wife, observing that she earns her living and did not reveal the true salary in her affidavit.
Justice Madan Pal Singh also allowed a criminal revision petition filed by the man, Ankit Saha.
"A perusal of the impugned judgment indicates that in the affidavit filed before the trial court, the opposite party herself admitted that she is a post-graduate and a web designer by qualification. She is working as a senior sales coordinator in a company and getting a salary of Rs 34,000 per month," the court said in the December 3 order.
"But in her cross-examination, she has admitted that she was earning Rs 36,000 per month. Such an amount for a wife who has no other liability cannot be said to be meagre; whereas the man has the responsibility of maintaining his aged parents and other social obligations," it observed.
The high court observed that the woman was not entitled to get any maintenance from her husband "as she is an earning lady and able to maintain herself".
The man's counsel argued in court that the estranged wife did not reveal the whole truth in the affidavit.
"She claimed herself to be an illiterate and unemployed woman. When the document filed by the man was shown to her before the trial court, she admitted her income during cross-examination. Thus, it is clear that she did not come before the trial court with clean hands," the counsel submitted.
The court, in its order, said, "Cases of those litigants who have no regard for the truth and those who indulge in suppressing material facts need to be thrown out of the court."
It impugned the lower court's February 17 judgment and order, passed by the principal judge of a family court in Gautam Buddh Nagar and allowed the criminal revision petition filed by the man.
