In a significant development on May 10, a bench comprising justices Sanjiv Khanna and Dipankar Datta granted interim bail to Delhi Chief Minister Arvind Kejriwal in the excise policy case, allowing him to campaign during the ongoing Lok Sabha elections.
Justice Sanjiv Khanna, the senior of the two judges on the bench, is set to assume the role of Chief Justice of India (CJI) following the retirement of incumbent DY Chandrachud in November 2024. He is slated to serve as the CJI from November 10, 2024, until May 13, 2025, and currently holds the most senior position in the apex court after the CJI.
Elevated to the Supreme Court in January 2019, Justice Khanna comes from a distinguished legal lineage, being related to the esteemed judge Hans Raj Khanna, who resigned from his apex court judgeship during the emergency. His appointment to the Supreme Court sparked controversy due to being directly appointed despite there being 33 judges senior to him in age and experience, though the controversy subsided shortly after his ascension.
Before ascending to the apex court, Justice Khanna served as a judge in the Delhi High Court for 14 years starting from 2005. Renowned for his expertise in taxation and other commercial laws, he has authored several significant judgments over the past two decades.
Education and career:
Born on May 14, 1960, Justice Khanna obtained his law degree from Delhi University before starting his legal career. He enrolled as a lawyer with the Bar Council of Delhi in 1983, practicing in various courts and specialising in constitutional law, taxation, arbitration, commercial matters, and more. Notably, he served as the Senior Standing Counsel for the Income Tax Department in the Delhi High Court for about seven years.
Career as a judge:
In April 2024, Justice Khanna authored a judgment dismissing a plea for cross-verification of votes cast in electronic voting machines (EVMs) with Voter Verifiable Paper Audit Trail (VVPAT), emphasising the sanctity of EVMs and trust in the Election Commission of India (ECI).
In March, his bench rejected an application seeking a stay on laws regarding the appointment of election commissioners, citing the upcoming Lok Sabha elections and the lack of convenience in granting a stay. He also criticised the government for hurriedly appointing election commissioners.
Additionally, Justice Khanna was part of the bench that struck down the constitutional validity of the electoral bonds scheme and upheld the abrogation of Article 370, among other notable judgments.
In October 2023, a bench led by Justice Khanna declined to grant bail to former Delhi deputy CM Manish Sisodia, underscoring his commitment to upholding legal principles and judicial integrity.
