<P> The only dissenting opinion was from Justice H.R. Khanna, who stated: </P> <Dl> <Dd> 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 possibly correct the error into which the dissenting judge believes the court to have been betrayed . </Dd> </Dl> <Dd> 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 possibly correct the error into which the dissenting judge believes the court to have been betrayed . </Dd> <P> It is believed that before delivering his dissenting opinion, Justice Khanna had mentioned to his sister: "I have prepared my judgment, which is going to cost me the Chief Justice - ship of India ." In January 1977, Justice Khanna was superseded despite being the most senior judge at the time and thereby Government broke the convention of appointing only the senior most judge to the position of Chief Justice of India . Justice Khanna remains a legendary figure among the legal fraternity in India for this decision . </P>

Who has the power to set up courts