>Ingratis at 03:35, 4 July 2021

2021-07-04T03:35:40Z

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{{Infobox court case
|name = ADM Jabalpur v. Shivkant Shukla
|court = [[Supreme Court of India]]
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|full name = Additional District Magistrate, Jabalpur v. Shivkant Shukla
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|decision by = P.N. Bhagwati
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{{Italic title|force=true}}
ADM Jabalpur case is landmark judgment pertaining to ''Habeas corpus'' case. This controversial judgment of P.N. Bhagwati was decreed during [[The Emergency (India)|the Emergency]] of 1975 to 1977, a person's right to not be unlawfully detained (i.e. ''habeas corpus'') can be suspended. This judgment received a lot of criticism since it reduced the importance attached to [[Fundamental rights in India|Fundamental Rights]] under the [[Indian Constitution]]. Going against the previous decision of High Courts, the bench which included Bhagwati concluded in favour of the [[Second Indira Gandhi ministry|then Indira Gandhi government]] while only Justice [[Hans Raj Khanna]] was opposed to it. Bhagwati openly praised Indira Gandhi during the Emergency period, later criticized her when [[Premiership of Morarji Desai|Janata Party-led government]] was formed and again backed Gandhi when she got re-elected to form [[Third Indira Gandhi ministry|government in 1980]]. Bhagwati was criticized for these change of stands, favouring the ruling government, which were deemed as to have been taken to better his career prospects.<ref name="Sorry"/> Bhagwati later in 2011 agreed with popular opinion that this judgement was short-sighted and "apologised".<ref>{{cite web|title=Interview with Justice Bhagwati (2011)|url=http://mylaw.net/Article/The_darkest_hour_of_Indian_history/|work=Video on www.myLaw.net}}</ref><ref name="Sorry">{{cite web|url=http://www.firstpost.com/politics/a-chief-justice-of-india-says-i-am-sorry-but-thirty-years-too-late-85799.html |title=A Chief Justice of India says "I am sorry" but 30 years too late |work=First Post |date= 16 September 2011 |first1=Shanmugham D |last1=Jayan |first2=Raghul |last2=Sudheesh |access-date=25 January 2021}}</ref>
==References==
<references/>

==Sources==
* [https://lawlex.org/lex-pedia/case-summary-adm-jabalpur-v-shivkant-shukla/25186 Lawlex.org: Case summary ADM Jabalpur v. Shivkant Shukla]
* [https://www.legalbites.in/adm-jabalpur-v-shivkant-shukla-habeas-corpus/ Legalbites.in: ADM Jabalpur v. Shivkant Shukla - Habeas corpus]
* [https://lawtimesjournal.in/adm-jabalpur-vs-shivkant-shukla-1976-2-scc-521-case-summary/ Law Times Journal: ADM Jabalpur v. Shivkant Shukla (1976) SCC 521 - Case Summary] (12 July 2018, Chiranjeeb Prateek Mohanty)
* [https://lawsisto.com/legalnewsread/OTA5Mw==/Case-Analysis-ADM-Jabalpur-v-Shivkant-Shukla LawSisto.com: Case Analysis: ADM Jabalpur v. Shivkant Shukla](Surya J M, 15 December 2020)
* [https://thewire.in/law/supreme-court-emergency-era-judgement The Wire: An Outrageous Emergency-Era Supreme Court Judgment That Still Stands, Technically] (28 June 2017)

[[Category:Supreme Court of India cases]]

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ADM Jabalpur v. Shivkant Shukla - Revision history

>Ingratis at 03:35, 4 July 2021