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saket suryesh @saket71
, 12 tweets, 4 min read Read on Twitter
Friends, #RahulGandhi spoke in #CongressPlenarySession on @INCIndia only saviour of #judiciary from the wrath of @narendramodi . Let me tell you-

The Story of an Upright Judge
Once, decades back, when the millennial was not even in dreams, 30 years post independence, Congress PM, Indira Gandhi imposed #Emergency. Media was censured and all opposition thrown in Jail.
What it meant for young kids understanding is that you could be on your way for Tinder date at CCD and Police could pick you up under MISA and jail you for year or more before bail. #Emergency
Since #Emergency provisions impinged on fundamental rights of #constitution, it was challenged. Congress responded saying under Emergency, fundamental rights won’t hold. State said if you were the one picked up from CCD, one can’t go to court to find you.
As one would expect, a dozen courts maintained applicability of Habeas Corpus- where you could seek courts help to find missing people (usually young men who are reading WA forwards today, picked up by local Police). SC collated and turned all lower courts decisions down
The lone Judge who stood against his colleague was a judge named Justice HR Khanna. He said when others said under laws of democracy fundamental rights remain suspended “In a purely formal sense, even the organized mass murders of the Nazi regime qualify as law.”
NYT, then wrote about this infamous judgement:
“The submission of an independent judiciary to absolutist government is virtually the last step in the destruction of a democratic society; and Indian Supreme Court’s decision appears close to surrender.”
NYT remarked on Justice HR Khanna:

“If India ever finds its way back to freedom and democracy that were proud hallmarks of its first Eighteen Years as an independent nation, someone will surely erect a monument to Justice HR Khanna of Supreme Court.”
Forget erecting a statue, we have let the Congress from whose dictatorship we barely escaped, erase and wipe out his memory. When Rahul Gandhi eloquently speaks about defending #Judiciary , let’s not suffer our ignorance. If we don’t remember history, we are likely repeat it.
Just to add, when the time for appointment of Justice HR Khanna came as the seniormost judge, Mrs Indira Gandhi’s Congress I was back in power. The Judge’s Service to the nation was remembered by a vengeful government. He was superseded and he resigned. It was business as usual🙏
“Even in the absence of Article 21 in the Constitution, the State has got no power to deprive a person of his life or liberty without the authority of law.”- Justice HR Khanna
This case came up as through presidential order dated 27th June, 1975, prevented anyone from approachinh courts to seek your whereabouts and release in case the Police had picked you up from Local CCD for tweeting against to let’s say for example- Karti Chidambaram. #Democracy
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