Vishweshwar Nath Khare was the 33rd

Chief Justice of India The chief justice of India (IAST: ) is the chief judge of the Supreme Court of India as well as the highest-ranking officer of the Indian Judiciary. The Constitution of India grants power to the president of India to appoint, in consultation w ...

, serving from 19 December 2002 to 2 May 2004. He was a judge of the

Supreme Court of India The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...

from 21 March 1997 before he was elevated to the post of Chief Justice.

Early life

Khare was born in

Allahabad Allahabad (), officially known as Prayagraj, also known as Ilahabad, is a metropolis in the Indian state of Uttar Pradesh.The other five cities were: Agra, Kanpur (Cawnpore), Lucknow, Meerut, and Varanasi (Benares). It is the administrat ...

on 2 May 1939. He lived in Allahabad for much of his life and attended St. Joseph's College, Allahabad. He further attended the

Allahabad University , mottoeng = "As Many Branches So Many Trees" , established = , type = Public , chancellor = Ashish Chauhan , vice_chancellor = Sangita Srivastava , head_label ...

. Khare was a First Class cricket player, playing for the state of Uttar Pradesh in

Ranji Trophy The Ranji Trophy (also known as Mastercard Ranji Trophy for sponsorship reasons) is a domestic first-class cricket championship played in India between multiple teams representing regional and state cricket associations. Board of Control for Cr ...

matches in 1958.

Legal career

Khare started his career as an Advocate in the

Allahabad High Court Allahabad High Court, also known as High Court of Judicature at Allahabad is the high court based in Prayagraj that has jurisdiction over the Indian state of Uttar Pradesh. It was established on 17 March 1866, making it one of the oldest high ...

in 1961, where he practised on Civil, Writ and Revenue petitions. He was appointed Chief Standing Counsel for the

Government of Uttar Pradesh The Government of Uttar Pradesh (ISO: Uttar Pradesh Sarkār; often abbreviated as GoUP) is the subnational government of the Indian state of Uttar Pradesh with the governor as its appointed constitutional head of the state by the President of I ...

. On 25 June 1983, he was appointed a Judge of the

. In early 1996, he was appointed Chief Justice of the

Calcutta High Court The Calcutta High Court is the oldest High Court in India. It is located in B.B.D. Bagh, Kolkata, West Bengal. It has jurisdiction over the state of West Bengal and the Union Territory of the Andaman and Nicobar Islands. The High Court buildi ...

, from where he was elevated to the

a year later.

Emergency

As an Advocate in 1975, Khare and his uncle, S. C. Khare, represented

Indira Gandhi Indira Priyadarshini Gandhi (; Given name, ''née'' Nehru; 19 November 1917 – 31 October 1984) was an Indian politician and a central figure of the Indian National Congress. She was elected as third prime minister of India in 1966 ...

Prime Minister of India The prime minister of India (IAST: ) is the head of government of the Republic of India. Executive authority is vested in the prime minister and their chosen Council of Ministers, despite the president of India being the nominal head of the ...

, in her famous case against

Raj Narain Raj Narain (23 November 1917 – 31 December 1986) was an Indian freedom fighter and politician. He won in a famous electoral malpractice case against the then Prime Minister Indira Gandhi, which led to her disqualification and imposition of ...

, 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. The decision of the Supreme Court led to the imposition of

Emergency in India The Emergency in India was a 21-month period from 1975 to 1977 when Prime Minister Indira Gandhi had a state of emergency declared across the country. Officially issued by President Fakhruddin Ali Ahmed under Article 352 of the Constitution beca ...

for a period of 19 months, the only suspension of democracy the country has seen since Independence in 1947.

Gujarat violence

During his tenure as the Chief Justice of India, Khare was confronted with the

failure Failure is the state or condition of not meeting a desirable or intended objective (goal), objective, and may be viewed as the opposite of Success (concept), success. The criteria for failure depends on context, and may be relative to a parti ...

of the

justice system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and ...

in the aftermath of the Gujarat violence following the

Godhra train burning The Godhra train burning occurred on the morning of 27 February 2002, in which 59 Hindu pilgrims and '' karsevaks'' returning from Ayodhya were killed in a fire inside the Sabarmati Express train near the Godhra railway station in the Indian ...

. His decision to reopen the

Best Bakery Case The Best Bakery case (also called the Tulsi Bakery case) was a legal case involving the burning down of the Best Bakery, a small outlet in the Hanuman Tekri area in Vadodara, Gujarat, India, on 1 March 2002. During the incident, a Hindutvadi mo ...

provided some recourse for victims of the violence. Speaking to

The Hindu ''The Hindu'' is an Indian English-language daily newspaper owned by The Hindu Group, headquartered in Chennai, Tamil Nadu. It began as a weekly in 1878 and became a daily in 1889. It is one of the Indian newspapers of record and the secon ...

newspaper when he retired he said, "I found there was complete

collusion Collusion is a deceitful agreement or secret cooperation between two or more parties to limit open competition by deceiving, misleading or defrauding others of their legal right. Collusion is not always considered illegal. It can be used to att ...

between the accused and the

prosecution A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...

Gujarat Gujarat (, ) is a state along the western coast of India. Its coastline of about is the longest in the country, most of which lies on the Kathiawar peninsula. Gujarat is the fifth-largest Indian state by area, covering some ; and the ninth ...

, throwing

rule of law The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...

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." In interviews to the media in 2004, Khare explained why he decided to transfer the

Best Bakery case The Best Bakery case (also called the Tulsi Bakery case) was a legal case involving the burning down of the Best Bakery, a small outlet in the Hanuman Tekri area in Vadodara, Gujarat, India, on 1 March 2002. During the incident, a Hindutvadi mo ...

Maharashtra Maharashtra (; , abbr. MH or Maha) is a states and union territories of India, state in the western India, western peninsular region of India occupying a substantial portion of the Deccan Plateau. Maharashtra is the List of states and union te ...

for a retrial. In a 2012 interview, Khare gave details about the

and the

Gulbarg Society massacre The Gulbarg Society massacre took place on 28 February 2002, during the 2002 Gujarat riots, when a crowd started stone pelting the Gulbarg Society, a Muslim neighbourhood in the eastern part of Chamanpura, Ahmedabad. Most of the houses were bu ...

in explaining why he believed the

2002 Gujarat Violence The 2002 Gujarat riots, also known as the 2002 Gujarat violence, was a three-day period of inter-communal violence in the western Indian state of Gujarat. The burning of a train in Godhra on 27 February 2002, which caused the deaths of 58 Hin ...

was an instance of a " state sponsored

genocide Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin ...

Post retirement

Since retiring as Chief Justice of India, Khare comments occasionally on national television and press on issues of

jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...

. His comments on the Jessica Lal murder case echoed the sentiments expressed during the Gujarat riots. He is also appointed the Chancellor of

Central University of Jharkhand The Central University of Jharkhand (CUJ) is a Central University, India, central university located in Ranchi, Jharkhand, India. It was established in 2009. History CUJ was established in 2009 under the first schedule of the ''Central Univers ...

Criticism

Khare's comments on there being an appearance of

complicity Complicity is the participation in a completed criminal act of an accomplice, a partner in the crime who aids or encourages ( abets) other perpetrators of that crime, and who shared with them an intent to act to complete the crime.''Criminal Law ...

between the

state government A state government is the government that controls a subdivision of a country in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, or ...

and the rioters during the

2002 Gujarat violence The 2002 Gujarat riots, also known as the 2002 Gujarat violence, was a three-day period of inter-communal violence in the western Indian state of Gujarat. The burning of a train in Godhra on 27 February 2002, which caused the deaths of 58 Hin ...

have been criticized by

Narendra Modi Narendra Damodardas Modi (; born 17 September 1950) is an Indian politician serving as the 14th and current Prime Minister of India since 2014. Modi was the Chief Minister of Gujarat from 2001 to 2014 and is the Member of Parliament from ...

(The former

Chief Minister of Gujarat The Chief Minister of Gujarat is the chief executive of the government of the Indian state of Gujarat. The governor appoints the chief minister, whose council of ministers are collectively responsible to the assembly. The chief minister's term ...

and member of the

Hindutva Hindutva () is the predominant form of Hindu nationalism in India. The term was formulated as a political ideology by Vinayak Damodar Savarkar in 1923. It is used by the Rashtriya Swayamsevak Sangh (RSS), the Vishva Hindu Parishad (VHP), the ...

R.S.S. aligned

BJP The Bharatiya Janata Party (BJP; ; ) is a political party in India, and one of the two major Indian political parties alongside the Indian National Congress. Since 2014, it has been the ruling political party in India under Narendra Modi ...

.) . According to Modi:

Awards and honors

Khare was awarded the

Padma Vibhushan The Padma Vibhushan ("Lotus Decoration") is the second-highest Indian honours system, civilian award of the Republic of India, after the Bharat Ratna. Instituted on 2 January 1954, the award is given for "exceptional and distinguished service" ...

, India's second highest civilian

honour Honour (British English) or honor (American English; American and British English spelling differences#-our, -or, see spelling differences) is the idea of a bond between an individual and a society as a quality of a person that is both of socia ...

in 2006.

References

External links

LegalEra Magazine Interview
{{DEFAULTSORT:Khare, V. N. Living people Recipients of the Padma Vibhushan in public affairs Scholars from Allahabad Chief justices of India University of Allahabad alumni 1939 births Judges of the Allahabad High Court Chief Justices of the Calcutta High Court 20th-century Indian lawyers 21st-century Indian lawyers 21st-century Indian judges