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LATEST NEWS UPDATES | The darkest hour: ADM Jabalpur was a test for SC. Only the dissenter passed it -Seema Chishti

The darkest hour: ADM Jabalpur was a test for SC. Only the dissenter passed it -Seema Chishti

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published Published on Aug 29, 2019   modified Modified on Aug 29, 2019
-The Indian Express

As legal scholar Gautam Bhatia put it in Transformative Constitution, Justice Khanna’s dissent would constitute a “contrapuntal” or something that appears as a counterpoint, often solitary, against the tide at the time, but something that conceals the kernel of the future and the way ahead, which lives on to speak forcefully, another day.

Costa Gavras’ 1982 film Missing is a haunting story of what a military dictatorship does to its citizens as they go, well, missing. The real-life story set in Chile was also about the actions of the US government, which even had a lawsuit filed against it. The way a society responds to enforced disappearances or “detentions” by the state is often seen as a marker of the health of a democracy.

That could well be why the Habeas Corpus or Produce the Person writ is a sacred one, that ties democracy to each of its citizens against the power of the state.

On Independence Day, Justice D Y Chandrachud, in a formidable lecture on Freedom as Art in Mumbai, made a revealing personal statement which holds great relevance today. The Supreme Court judge spoke of how “with seven to eight hours of dictation left in the day, when I finished dictating” the order annulling the infamous ADM Jabalpur judgement of 1976, he “told his Secretary that they would close for the day”. He had “told a parent he was wrong.” “I know he (former Chief Justice YV Chandrachud) believed through his life that ADM Jabalpur was wrong.”

The senior Chandrachud was among the four SC judges who sat on the five-judge Habeas Corpus bench for 37 working days from December 1975 to February 1976, and ruled that personal liberties in India were not to be necessarily upheld in the face of the executive after declaring Emergency.

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The Indian Express, 29 August, 2019, https://indianexpress.com/article/opinion/columns/supreme-court-adm-jabalpur-the-darkest-hour-5945825/


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