Vishweshwar Nath Khare Hon'ble Chief Justice of India (Retd.) | |
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Chancellor of theCentral University of Jharkhand | |
In office August 2017 – December 2023 | |
Appointed by | Ram Nath Kovind |
33rd Chief Justice of India | |
In office 19 December 2002 – 01 May 2004 | |
Appointed by | A. P. J. Kalam |
Preceded by | Gopal Ballav Pattanaik |
Succeeded by | S. Rajendra Babu |
Judge ofSupreme Court of India | |
In office 21 March 1997 – 18 December 2002 | |
Appointed by | Shankar Dayal Sharma |
29th Chief Justice ofCalcutta High Court | |
In office 2 February 1996 – 20 March 1997 | |
Appointed by | Shankar Dayal Sharma |
Preceded by | Krishna Chandra Agarwal |
Succeeded by | Prabha Shankar Mishra |
Personal details | |
Born | (1939-05-02)2 May 1939 (age 85) Allahabad, Uttar Pradesh, India |
Citizenship | India |
Children | 2 |
Residence | Allahabad |
Alma mater | Allahabad University |
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Vishweshwar Nath Khare is a retired Indian judge who served as the 33rdChief Justice of India, from 19 December 2002 to 1 May 2004. He also served as theChancellor of theCentral University of Jharkhand from 2017 to 2023.[1] He was a judge of theSupreme Court of India from 21 March 1997 before he was elevated to the post of Chief Justice.
Khare was born inAllahabad inKayastha Family on 2 May 1939.[2] He lived in Allahabad for much of his life and attendedSt. Joseph's College, Allahabad.[citation needed] He further attended theAllahabad University. Khare was a First Class cricket player, playing for the state of Uttar Pradesh inRanji Trophy matches in 1958.[citation needed]
Khare started his career as an Advocate in theAllahabad High Court in 1961, where he practised on Civil, Writ and Revenue petitions.[citation needed] He was appointed Chief Standing Counsel for theGovernment of Uttar Pradesh. On 25 June 1983, he was appointed a Judge of theAllahabad High Court. In early 1996, he was appointed Chief Justice of theCalcutta High Court, from where he was elevated to theSupreme Court of India a year later.[citation needed] Over the course of his Supreme Court tenure, Khare authored 223 judgments.[3]
As an Advocate in 1975, Khare and his uncle, S. C. Khare, representedIndira Gandhi,Prime Minister of India, in her famous case againstRaj Narain, alleging electoral malpractices. He was responsible for advocating the case that got the order of the High Court stayed until an appeal could be filed in the Supreme Court.[4] The decision of the Supreme Court led to the imposition ofEmergency in India for a period of 19 months, the onlysuspension of democracy the country has seen since Independence in 1947.[citation needed]
During his tenure as the Chief Justice of India, Khare was confronted with thefailure of thejustice system in the aftermath of the Gujarat violence following theGodhra train burning. His decision to reopen theBest Bakery case provided some recourse for victims of the violence. Speaking toThe Hindu newspaper when he retired[5] he said, "I found there was completecollusion between the accused and theprosecution inGujarat, throwingrule of law to the winds. The Supreme Court had to step in to break the collusion to ensure protection to the victims and the witnesses. I was anguished and pained by the turn of events during the trial of the riot cases but was determined to salvage the criminal justice delivery system."[6]
In interviews to the media in 2004, Khare explained why he decided to transfer the Best Bakery case toMaharashtra for a retrial.[7][8] In a 2012 interview, Khare gave details about the Best Bakery case and theGulbarg Society massacre in explaining why he believed the2002 Gujarat Violence was an instance of a "state sponsoredgenocide".[9]
Since retiring as Chief Justice of India, Khare comments occasionally on national television and press on issues ofjurisprudence.[10] His comments on theJessica Lal murder case echoed the sentiments expressed during theGujarat riots. He was also appointed the Chancellor ofCentral University of Jharkhand in 2017, serving until the end of 2023.[11]
Khare's comments on there being an appearance ofcomplicity between thestate government and therioters during the2002 Gujarat violence have been criticized by the prime minister of India,Narendra Modi (ThenChief Minister of Gujarat).[12][13] According to Modi:
Judges should keep away from politics. Khare should know the difference betweenkhare and khote (right and wrong). The state government was never a party to riots, nor was it a silent spectator. No commission of inquiry has indicted me. I am a victim of false propaganda by a section of the media. The million-dollar question is why did Khare make the remark only after retiring from office? Regarding my role in the riots, the people of Gujarat are the best judge and they have replied in a befitting manner.[12]
Khare was awarded thePadma Vibhushan,India's second highest civilianhonour in 2006.[14]
Legal offices | ||
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Preceded by | Chief Justice of India 19 December 2002– 2 May 2004 | Succeeded by |