BEFORE THE BATTLE BEGAN

Change of Bench

SR Das J.

This is the third post of the series 'THE HABEAS CORPUS CASE AT FIFTY: The Emergency, the Court, and the Constitution'. It talks about, how the bench of the case was changed. 

THE HABEAS CORPUS CASE AT FIFTY: 

The Emergency, the Court, and the Constitution

How I Got Involved with the Case।। The Issues Before the Court ।। Before The Battle Began: Change of Bench।। ।। ।।

Initially, Khanna J. was not a part of the bench. The earlier bench consisted of Ray CJ, Beg J, and three other junior judges.  The lawyers for detenus felt that they might loose the case unless, senior Judges were on the bench.

AN Ray J.

A delegation of Senior Lawyers, led by CK Daftary, met Ray CJI in Chambers to change the bench to include senior judges to decide such an important and sensitive case. Piqued by the request, Ray CJI asked if it was proper on the part of the lawyers to make such a request. Pat came the reply from Daftary that such a request was entertained by SR Das CJI.

Judges have been recusing themselves due to conflict of interest; there have been such requests as well but one is not sure if the statement was correct or was it Daftary's on the spot brilliance. Ray CJI was an admirer of Das J. He changed the bench to the one, apart from including himseld, the four senior most judges—HR KhannaJ., MH Beg J., YV Chandrchud J., PN Bhagwati J.

In seniority, KK Mathew J. was next to Khanna J. but he was not taken on the bench, as he was to retire shortly.

In the next post, we will talk about what happened in the conference at the residence of CK Daftary

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