In April , when the infamous Emergency was in place in India, the New York Times wrote an article eulogising a Judge of the Indian Supreme Court, for his dissenting opinion in a judgment. Khanna for his dissenting opinion in ADM Jabalpur v. Shivkant Shukla , 2 SCC , which was delivered 44 years ago today. The President exercising his powers under Article i.
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All rights reserved. For reprint rights: Times Syndication Service. ET Magazine. Tech and Gadgets. City Life. Between The Lines. Vodafone Idea. Market Watch. Pinterest Reddit. By Rohan Abraham. While Justice Y. Related SC judge DY Chandrachud avoids socialising, starts his day at am for 'me-time' A yr after Sabarimala verdict, Justice DY Chandrachud reveals he received vile threats, was advised not to see social media Lit Live I-Day Lecture: Justice Chandrachud takes the mic, will encourage people to imagine freedom via art.
Professional legacies, like family heirlooms, are often greater than the sum of their parts. Justice D. Chandrachud , son of the eminent jurist Y. Despite good intentions, all men make mistakes - the repercussions of which are borne by those closest to them.
However, in the case of judges, verdicts that go against the grain can have far-reaching effects on the lives of ordinary citizens. On April 28, , a five-member bench of the Supreme Court held the liberty was a regulated freedom, and hence, not absolute in extraordinary circumstances, such as during a state of internal Emergency.
It set a dangerous precedent, allowing the powers-that-be to detain political rivals, who in turn could not move court to protect their democratic freedoms. One of the signatories to this ruling was Justice Y.
The verdict in the ADM Jabalpur vs Shivakant case, popularly known as the Habeas Corpus case , set the tone for countless arrests under the preventive detention law — a provision whereby defendants could not stake a claim to their liberty under extenuating circumstances. In , when the Emergency case was revisited, a nine-judge constitution bench upheld that privacy was a fundamental right, overruling the verdict.
Incidentally, D. Chandrachud oversaw some landmark cases, such as the Shah Bano case and the Kissa Kursi Ka case, where Sanjay Gandhi was remanded to 30 days in judicial custody by the Supreme Court — a ruling that undid the perception that the judiciary had capitulated to political influence.
I had about seven or eight hours of dictation to go. I had this feeling in my head that is hard to describe. I had publicly stated that my parent was wrong. I have always had this feeling that through his life, he believed he was wrong in the ADM Jabalpur case.
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The darkest hour: ADM Jabalpur was a test for SC. Only the dissenter passed it
New Delhi: At a time when the nearly month-long communications clampdown in Jammu and Kashmir is making national and international headlines, the legal provision of habeas corpus has come into focus. In both cases, the court allowed the petitioners to travel to Kashmir and see the persons in question for themselves. ThePrint looks back at the case, and how far the Indian judiciary has come from it, prominently featuring the members of one judicial family. During Emergency, under Article 1 of the Constitution, articles 14, 21 and 22, which grant the right to equality, protection of life and personal liberty, and protection against arrest and detention, were all suspended. Ray, and Justices H.
ADM Jabalpur vs Shivkant Shukla (1976) 2 SCC 521 – Case Summary
Supreme Court. Credit: PTI. Justice H. Credit: Wikipedia. Yet both continue to stand, as if to remind us of the posterity of those discredited chapters.
Why an SC judge’s dissent 43 years ago is relevant to Kashmir clampdown today
Hans Raj Khanna 3 July — 25 February was an Indian judge, jurist and advocate who propounded the basic structure doctrine in and upheld civil liberties during the time of Emergency in India in a lone dissenting judgement in He entered the Indian judiciary in as an Additional District and Sessions Judge and subsequently was elevated as a judge to the Supreme Court of India in where he continued till his resignation in He is eulogized for his minority judgement in the highly publicized Habeas Corpus case during the Indian Emergency , in which the remaining four judges of the five-member bench, Chief Justice A. Ray , Justice M.
Hans Raj Khanna
All rights reserved. For reprint rights: Times Syndication Service. ET Magazine. Tech and Gadgets.