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Landmark Judgments of LIFE AND LIBERTY
MANISH KUMAR VATS 17 Apr 2020

Landmark Judgments of LIFE AND LIBERTY

LIFE AND LIBERTY: ADM Jabalpur v. Shivakant

Shukla, (1976) 2 SCC 521

•    A Constitution Bench by a majority of 4:1, ruled that while a proclamation of emergency is in operation, the right to move High Courts under Article 226 for Habeas Corpus challenging illegal detention by State will stand suspended.   The apex Court   said   “ . .....If extraordinary powers are given, they are given because the Emergency is extraordinary, and are limited to the period of the Emergency.

 

•  The judgment is more recognised for the dissenting opinion of     Justice HR Khanna in which he said - "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".


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