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 Setalvad

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


AMU Case - Fifth Point

This post explains that the word 'minority' in Article 30 of the Constitution envisages electoral minority and not numerical minorit...