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ADM Jabalpur v. Shivkant Shukla was a landmark decision of the Supreme Court of India pertaining to Habeas corpus case. This controversial judgment of P.N. Bhagwati was decreed during the Emergency from 25 June 1975 to 21 March 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 P. N. 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

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  • ADM Jabalpur v. Shivkant Shukla (en)
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  • ADM Jabalpur v. Shivkant Shukla was a landmark decision of the Supreme Court of India pertaining to Habeas corpus case. This controversial judgment of P.N. Bhagwati was decreed during the Emergency from 25 June 1975 to 21 March 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 P. N. 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 (en)
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  • ADM Jabalpur v. Shivkant Shukla (en)
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subsequent actions
  • Overruled by Justice K. S. Puttuswamy (Retd.) and Anr. vs Union Of India And Ors. (Right to Privacy verdict) (en)
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citations
  • AIR 1976 SC 1207 (en)
court
full name
  • Additional District Magistrate, Jabalpur v. Shivkant Shukla (en)
judges
  • A.N. Ray, M.H. Beg, Hans Raj Khanna, Y.V. Chandrachud and P. N. Bhagwati (en)
has abstract
  • ADM Jabalpur v. Shivkant Shukla was a landmark decision of the Supreme Court of India pertaining to Habeas corpus case. This controversial judgment of P.N. Bhagwati was decreed during the Emergency from 25 June 1975 to 21 March 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 P. N. 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. Bhagwati later in 2011 agreed with popular opinion that this judgement was short-sighted and apologised. (en)
concurring
  • A.N. Ray, M.H. Beg, Y.V. Chandrachud and P. N. Bhagwati (en)
decision by
  • A.N. Ray, M.H. Beg, Y.V. Chandrachud, P. N. Bhagwati and Hans Raj Khanna (en)
dissenting
  • Hans Raj Khanna (en)
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