The Discomfort of ADM Jabalpur II

The Past I:

1. October, 2013.png

2. December, 2013

3. February, 2015

5. October, 2015 II

6. May, 2016.png

7. June, 2016.png

4 November, 2016

8. November, 2016

9. December, 2016.png

10. April, 2017.png

11. May, 2017.png

12. July, 2017.png

13. August, 2017.png

14. II August, 2017.png

15. December, 2017

16. April, 2018.png

17. June, 2018.png

18. II June, 2018

The Past II:

ADM Jabalpur is remembered for the stellar performance of Hon’ble Justice Hans Raj Khanna. “To the stature of such a man, the Chief Justiceship of India could add nothing”, said Nani Palkhivala. Another matter, Justice Khanna accepted his Padma Vibhushan in 1999.

Recently in Justice K S Puttaswamy v. Union of India, Writ Petition (Civil) No. 494 of 2012 the majority opinion in ADM Jabalpur was picked out of the dustbin only to be buried ‘ten fathom deep, with no chance of resurrection’:

“I fully agree with the view expressly overruling the ADM Jabalpur case which was an aberration in the constitutional jurisprudence of our country and the desirability of burying the majority opinion ten fathom deep, with no chance of resurrection.”

Hon’ble Justice Sanjay Kishan Kaul.

 The Present:

ADM Jabalpur could never be buried ten fathom deep. True power is never buried. Thus, October 27, 2018:

19. October, 2018.png

The Future: 

Counsel after counsel expressed the fear that during the emergency, the executive may whip and strip and starve the detenu and if this be our judgment, even shoot him down. Such misdeeds have not tarnished the record of Free India and I have a diamond-bright, diamond-hard hope that such things will never come to pass.”

– Hon’ble Justice Y.V. ChandrachudADM Jabalpur v. Shivakant Shukla, (1976) 2 SCC 521.