- 'Alice in Wonderland' by Charles Lutwidge Dodgson though published under the name of Lewis Carrol, the most quoted book in the business and legal world;
- Liversidge v. Anderson 1941 (3) AllER 338 (the Liversidge case), an overruled decision of the House of Lords, that was heavily relied on in ADM Jabalpur v. Shiv Kant Shukla AIR 1976 SC 1207 (the Habeas Corpus case), where majority of our Supreme Court wrongly held that writ of Habeas Corpus was not maintainable during emergency; and
- The Classic dissent of Lord Atkins in the Liversidge case.
Alice’s Adventures in Wonderland, begin with going down a hole in pursuit of a white rabbit. In this world things turn 'curiouser and curiouser'. This painting by William H Bond depicts the same. It is taken from this page of the National Geographic, where more details as to how book was written can be read. |
Alice in Wonderland
On insistence of Alice, Dodgson penned it down and illustrated it titling 'Alice's Adventures Under Ground'. It was presented to her on 24 November 1864 as a Christmas present, dedicating it as 'A Christmas Gift to a Dear Child in Memory of a Summer's Day'.
The original manuscript by Dodgson was auctioned by Alice in 1928 for 15,400 pounds ($75,000 US) to an American collector, who resold it for $150,000. In 1946, it was auctioned again and was purchased by the Library of Congress and was presented back to British people and is now kept in the British Museum.
The majority opinion was heavily relied on in ADM Jabalpur Vs Shiv Kant Shukla AIR 1976 SC 1207: (1976)2 SCC 521: 1976 UJ (SC) 610: 1976 Cr LR (SC) 303: 1976 CrLJ 1945 (SC) (the Habeas Corpus case), where majority of our Supreme Court wrongly held that writ of Habeas Corpus was not maintainable during emergency.
The Liversidge Case
Lord Atkin - courtesy Wikipedia |
‘...if the secretary of state has reasonable cause to believe any person to be of hostile origin or association and that by reason thereof it is necessary to exercise control over him; he may make an order against that person directing that he be detained.’
I view with apprehension the attitude of judges who, on a mere question of construction, when face to face with claims involving the liberty of the subject, show themselves more executive- minded than the executive ....
In England, amidst the clash of arms the laws are not silent. They may be changed, but they speak the same language in war as in peace. It has always been one of the pillars of freedom, one of the principles of liberty for which, on recent authority, we are now fighting, that judges are no respecters of persons, and stand between the subject and any attempted encroachments on his liberty by the executive, alert to see that any coercive action is justified in law. In this case I have listened to arguments which might have been addressed acceptability to the court of King's Bench in the time of Charles I.
I protest, even if I do it alone, against a strained construction put upon words, with the effect of giving an uncontrolled power of imprisonment to the minister. To recapitulate the words have only one meaning. They are used with that meaning in statements of the common law and in statutes. They have never been used in the sense now imputed to them.…
I know of only one authority which might justify the suggested method of construction. "When I use a word’ Humpty Dumpty said in rather scornful tone, 'it means just what I choose it to mean, neither more nor less’. ‘The question is’ said Alice, 'whether you can make words mean different things’. ‘The question is’, said Humpty Dumpty, ‘which is to be master that's all'"… the question is whether the words ‘if a man has’ can mean ‘If a man thinks he has’, I am of the opinion that they can not, and the case should be decided accordingly.
From original manuscript - courtesy Wikipedia
‘It is neither criticism of the judges generally nor imputation of subservience to the executive.’
Dear Brother Yatindra Singh,
Thank you very much for your prompt despatch of the articles and books. I read the Habeas Corpus case immediately. I showed it to my son, Srinath too. The judgement of HR Khanna, J. moves my son beyond measure and when he was still a law student, he wrote an article on the binding effect of a minority judgement. If I lay my hands on it, I will send it to you. So, I though he must read the article written by a person, who was “in the ring” during the action. He loved it. He says that there was a reply to Justice Mauagham's letter, which was published, which prompted His Lordship to require the Advocate General to grant leave to sue for contempt, and that the Advocate General replied, if His Lordship Justice Maugham should write a stupid letter, he should expect a stupid reply and that there is no contempt. I'm sure you know about this. I too am happy that I met you at Bhopal.
Warm regards, Yours sincerely,
(PRABHA SRIDEVAN)
Sir ― Those who took part in the decision of the House of Lords in the case of Liversidge v. Anderson could wish for no better statement of the reasons which guided the House, in affirming the views of so many eminent Judges, than is to be found in your leading article of 4 November, but there is one thing which I would like to add.
Lord Atkin, in his dissentient speech, stated that he had listened 'to arguments which might have been addressed acceptably to the Court of King's Bench in the time of Charles I'. Counsel, according to the traditions of the Bar, cannot reply even to so grave an animadversion as this. I think it only fair to the Attorney-General and Mr. Valentine Holmes, who appeared for the respondents, to say that I presided at the hearing and listened to every word of their anything which could justify such a remark
Yours truly, Maugham
'I suppose you saw Maugham's letter in the Times today. I think he must be suffering from nervous strain. It is of course quite unprecedented and quite unpardonable for one judge to attack another's judgement in the Press, and nothing will induce me to reply.'
'Whether they considered it to be in accordance with the high traditions of the judiciary and in the public interest that Law Lords should criticise each other through the medium of a newspaper.'
My Dear Atkin,
Lord Davies has put down for tomorrow the 19 a starred question inviting the Lord Chancellor to reprove me for my (celebrated) letter to the 'Times'. This may and probably will elicit an explanation from me. I shall only wish to explain why my remarks were not made in the House, and why I though it necessary to write to the 'Times'.
And I shall end by holding out an olive branch.
I rather think you will wish to be present.
Yours sincerely
Maugham.
My Dear Maugham,
Thank you for letting me know of the question and your proposed statement yesterday. As a matter of fact your letter only reached me in the afternoon but I should not have been present for judgement once it has been delivered.
With best wishes.
Sincerely yours.
Atkin
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