CASE COMMENT: ADM JABALPUR v. SHIVKANT SHUKLA
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Abstract
The said case pertains to the time of Proclamation of Emergency by the then ruling government of Indira Gandhi and Presidential order of the same was issued when election of Indira Gandhi were termed to be illegal. The case arose out of a contention that whether the right of a person to approach respective High Court gets quashed when his fundamental rights are not given or suppressed, especially Article 14, and 21 during the emergency and enforcement of such rights remain suspended for the period of Proclamation of Emergency in force. The judgment was delivered on April 28th, 1976 by the Constitutional bench of five judges including the then Chief Justice A.N. Ray, out of which four were in favour of suspension of such right and liberty and one dissenting rejected such contention. As far as majority of the judgment goes, it was established that a person’s right to approach High Court under Article 226 of the Indian Constitution for Habeas Corpus or any other writ challenging the legality of an order of detention at the time of Proclamation of Emergency remains suspended and that person cannot approach any High Court for the remedy or get his right. This case was infamously called as Habeas Corpus case. Till date, the decision taken by the Court holds badly on the ground of equity, justice and good conscious. The Latin term Habeas Corpus means “you may have the body” and writ of securing a person’s liberty is called Habeas Corpus.
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