Article 21 of the Constitution guarantees right to the life and liberty. Right to move to the court to enforce Article 21 was suspended under Article 359 of the Constitution during internal emergency (1975-77). Soon a question arose if, in such a situation, a writ of Habeas Corpus is maintainable? ADM Jabalpur Vs Shiv Kant Shukla AIR 1976 SC 1207 : (1976)2 scc 521: 1976 UJ (SC) 610: 1976 Cr LR (SC) 303: 1976 CrL J 1945 (SC) (the Habeas Corpus case) dealt with this question. This article, written 20 years after the aforesaid case was decided, narrates about the incidents, lawyers and judges connected with that case and what has happened to them.
‘The time has come’ The Walrus said
‘To talk of many things:
Of shoes and ships and sealing wax-
Of cabbages - and kings-
And why the sea is boiling hot-
And whether pigs have wings’
Through the Looking Glass; Lewis Carroll
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| VKS Chaudhary being brought from jail after emergency |