PROSTITUTE VIRGIN - RETROSPECTIVE EFFECTS

This is the third post of the series 'THE HABEAS CORPUS CASE AT FIFTY: The Emergency, the Court, and the Constitution'. It talks about the conference held at CK Daftry's residence before the arguments began in the Supreme Court. 

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।। Prostitute Virgin - Retrospective Effects।। ।।

A day before the appeal was to be heard in the Supreme Court, the lawyers for the detenus met at the residence of CK Daftary to chalk out the strategy. I was also present in this conference. There was some discussion as to who should lead the arguments.

VM Tarkunde wanted to lead, as he had successfully argued before Delhi High Court, but he had shown his reluctance to meet the CJI to change the bench. Ram Jethmalani (see End Note-1) clinched the issue by saying Shanti Bhushan would lead. 

The meeting ended with Ram Jethmalani relating the latest joke in Bombay. He said, 

“The Supreme Court of Timbaktoo has decided that a prostitute can be a virgin with retrospective effects.”

“And the Government had submitted, it does not change the basic structure”, quipped Shanti Bhushan. 

The mood in the conference was buoyant. The question was difficult but there was no way that the Supreme Court could decide against us. Every High Court had decided in our favour as far as the maintainability was concerned. 

But who can predict the future. With due apologies to the Albert Einstein, ‘God does play dice.’

In the next post, we will talk about the question that broke the silence in the court.

End Note-1: Ram Jethmalani had given a speech against the government in Kerala for imposing Internal Emergency. About 250 lawyers led by Nani Palkhivala filed a WP against his arrest in the Bombay High Court and obtained stay order. Jethmalani realising that after the decision in the Habeas Corpus case, stay order would be vacated and he would be arrested, he left the country and continued his campaign against emergency from abroad. 

 #ADMJabalpurVersusShivkantShuklz #TheHabeasCorpusCase #VKSChaudhary #VirendraBhaisaheb #Dadda #VirendraKumarSinghChaudhary #InternalEmergency #Emergency