Template:Infobox court case Template:Italic title ADM Jabalpur case is landmark judgment pertaining to Habeas corpus case. This controversial judgment of P.N. Bhagwati was decreed during 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 under the Indian Constitution. Going against the previous decision of High Courts, the bench which included Bhagwati concluded in favour of the 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 Janata Party-led government was formed and again backed Gandhi when she got re-elected to form 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.[1] Bhagwati later in 2011 agreed with popular opinion that this judgement was short-sighted and "apologised".[2][1]
References
- ↑ 1.0 1.1 A Chief Justice of India says "I am sorry" but 30 years too late(16 September 2011). Retrieved 25 January 2021.
- ↑ Interview with Justice Bhagwati (2011).
Sources
- Lawlex.org: Case summary ADM Jabalpur v. Shivkant Shukla
- Legalbites.in: ADM Jabalpur v. Shivkant Shukla - Habeas corpus
- Law Times Journal: ADM Jabalpur v. Shivkant Shukla (1976) SCC 521 - Case Summary (12 July 2018, Chiranjeeb Prateek Mohanty)
- LawSisto.com: Case Analysis: ADM Jabalpur v. Shivkant Shukla(Surya J M, 15 December 2020)
- The Wire: An Outrageous Emergency-Era Supreme Court Judgment That Still Stands, Technically (28 June 2017)