Justice Hans Raj Khanna , dont know how i stumbled upon this page durin my mindless meandering through the web , with more tabs open on chrome than ever thought possible by google.
neway... Here was a man who had upheld what I hold closest to my heart, during a time when it was feared that this treasure would be lost forever in my blessed land.
Freedom and Liberty.
The year was 1975, when in the name of an emergency , the country's prime minister did what citizens today do quite blatantly , rob people of their freedom .
By a few technicalities in the constitution, she was able to detain without trial a large number of people under an Internal Security act and render the bastion of freedom - The Habeas Corpus invalid.
Yet the writ was filed and the case taken before the Supreme Court. It's here that we can see a beautiful example of justice being upheld in this nation. Well not exactly - the decision did go in the PM's favour with most of the judges doing the only thing they could being as they were constrained to the lines of the constitution which gave unrestrained power to the reigning government. However , one man did rise above the lines and saw into the spirit rather than the letter of the law. He delivered a judgement which he knew would mean a premature demise to his aspirations to one day be Chief Justice . In his words, his judegement was
"detention without trial is an anathema to all those who love personal liberty... A dissent is an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possible correct the error into which the dissenting Judge believes the court to have been betrayed"
Seldom have I come across words better said. The courage , leadership and charisma of this man, who did his bit to pull the country out of its darkest hour. The most gallant knight of democracy in its most depressing year was hailed by the new york times too.
Today we watch a scene of religious and cultural intolerance , of chauvinism unparalleled , enjoyment of simple liberties by women being rewarded with blows by ruffians. No questions are asked . Are we ne better today than we were during the emergency ? Will a voice rise again in our midst and speak freely and fearlessly minding not the heads that may shake and tongues that may cluck or even the spears that may be raised ?
As I ponder over these questions (and also over whether to hav bfast or jus sleep off finally :P) I also realise how little the common Indian knows about men like Justice Hans Raj Khanna. Maybe while they decorate our history textbooks with the likes of Stalin and Hitler. They could tell us tales of such heros too. A little inspiration would go a long way in an era where once again people fear to rise for their rights.
