Thursday, April 28, 2016

Forty Years Ago

ADM Jabalpur Vs Shiv Kant Shukla (The Habeas Corpus case) dealt with maintainability of Habeas Corpus petition during emergency. It was decided forty years ago on 28th April 1976. It made Justice HR Khanna immortal and continues to be a blot on the otherwise golden armour of our highest  Court.
VKS Chaudhary was Senior Advocate and the chairman of the Trust. He was detained during emergency. The full bench of the Allahabad High Court held his Habeas Corpus to be maintainable. However the decision was reversed by the Supreme Court in the Habeas Corpus case. 
Justice yatindra Singh (now chairman of the Trust) was the counsel in the case. The article below is recollection of that time before the Supreme Court.

नवभारत में निकले, हिन्दी में इस लेख को पढ़ने के लिये यहां चटका लगायें।

Sunday, April 17, 2016

Benches and The Law Commission

This is the fifth post of the series 'LegalTrek'. The last post was about my 'Introduction to Setalvad' and this post is about MC Setalvad's view on Lucknow bench as well as his view on benches of the courts.

Courtesy Allahabad High Court website

LegalTrek

Saturday, April 09, 2016

Introduction to MC Seetalvad

Picture from the book 'My Life'
This is fourth post of the series 'LegalTrek'. The last post was about, Lucknow Bench - Historical Necessity and before talking about the views of MC Setalvad, the first Attorney General and the Chairman of the first Law Commission of Independent India about benches and Lucknow bench of the Allahabad High Court, I thought proper to write about my introduction to that great lawyer. 

LegalTrek


Sunday, March 27, 2016

Lucknow Bench - Historical Necessity

This is the third post of the series 'LegalTrek'. The last post was about, how Allahabad High Court was established and this post is about why there is a bench of the Allahabad High Court at Lucknow.
Lucknow Bech Allahabad High Court - courtesy Allahabad High Court official website

LegalTrek
How I Became A Lawyer।। Allahabad High Court Is Born।। Lucknow Bench - Historical Necessity।।

Saturday, March 19, 2016

Allahabad High Court Is Born

This is second post of the series 'LegalTrek'. The last post was about, why I became a lawyer and this post is about how the Allahabad High Court  was established.

LegalTrek
How I Became A Lawyer।। Allahabad High Court Is Born।। Lucknow Bench - Allahabad High Court।।

 


Sunday, March 13, 2016

LegalTrek - How I Became A Lawyer

Allahabad High Court was established in 1866. This year is one hundred and fiftieth year of its existence. On this occasion Allahabad High Court has planned a year long activities. It kicks off today, among others, in the presence of the President and the Chief Justice of India.

On this occasion, I plan to write a series titled 'LegalTrek'; about the incidents and cases that in a way shaped the Court's as well as my life. Perhaps, this may be useful, instructive. However, in between the posts of the series, there would be other posts as well. 

This post is about, why I chose  the professional of law.
Allahabad High Court - From centenary volume

Thursday, January 21, 2016

EUTHANASIA AND CONSCIENCE TO KEEP

Euthanasia, mercy killing, assisted suicide, physician aid in dying is debatable issue. Even if it is desired by the person concerned, it poses moral dilemma for those who have to take the decision. In our country, it is punishable and this question is referred to the constitutional bench in Common Cause vs Union of India 2014 SC (Supp) 1456 = 2014(5) SCC 338 after disagreeing with Aruna Ramachandra Shanbaug Vs Union 2011(4) SCC 454 = 2011 CrLJ (Supp) 301. The bench has sought the views of the government on the same. The following article considers the debate, moral dilemma, and law of the other nation in this regard. It also takes into account the latest decision of the Canadian Supreme Court in Carter Vs Canada upholding such right.
Aruna Ramchandra Shanbaug - picture courtesy Wikipedia

Tuesday, December 01, 2015

NATURE IS ASYMMETRICAL

The debate about gay rights is again heating up. The present Finance Minister, previous Home Minister have come out openly in its support and a prominent Congress MP has tweeted that he has moved a private member’s bill to decriminalize consensual sex between adults of any gender (partial amendment of section 377 Indian Penal Code).

In early 1990's I had written an article in support of gay rights. It was an inter disciplinary study, connecting gay rights with conservation of parity and Right-Left Symmetry. It also dealt with the Wolfendem Committee; its recommendation for decriminalisation of Homosexual behaviour in England and similar laws in other parts of the world. But it was not published by any magazine or newspaper - the idea was too bold for those times. Then it was published in my book 'A Lawyer's World and Childhood dreams'. Here it is, after updating the contents since then.

The article deals with Law as well as physics. Not many are interested in details about both fields. But in case you are, in any one or both of them then details are in the Endnotes.  

Wednesday, November 04, 2015

Friday, August 21, 2015

NIGHT DRAMA THAT SUCCEEDED

Sometime ago, there were headlines in the newspaper 'Night Drama that did not succeed'. Here is the story of a night drama that succeeded. 

Kalyan Singh was the Chief Minister of Uttar Pradesh and Romesh Bhandari was the Governor. He,  illegally dismissed the Kalyan Singh Government on 21st February, 1998.  A writ petition was filed the smae night and he was reinstated. This is the only time that the a deposed head of a State was pput back in saddle by the court. Here is the account of the same. 

The writ petition at the Allahabad High Court was filed by Dr. NKS Gaur, an MLA from Allahabad North and Minister of Higher Education in UP, but for the sake of convenience, the case is referred as 'the Kalyan-Singh case'.  
Raj Bhavan Lucknow, where impugned order was passed - courtsy official website of the Raj Bhavan

During my tenure as a judge, it has been matter of speculation/ complaint how I became Additional Advocate General and why was this case entrusted to me. This is explained in Appendix-I to this article. In order to complete the picture, Romesh Bhandari's perspective is mentioned in Appendix-II.