THE QUESTION THAT BROKE THE SILENCE

In this and next few posts, I will be sharing my recollections inside the court room during hearing of the Habeas Corpus case. This post talks about the first question that broke silence in the case. I was asked by HR Khanna J.

THE HABEAS CORPUS CASE AT FIFTY: 

AI depiction of the arguments in the Habeas Corpus case

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।। The Question That Broke the Silence।।

इस चिट्ठी को हिन्दी में पढ़ने के लिये, यहां चटका लगायें। 

The hearing in the Habeas Corpus case started on 15 December 1975. It was a cold day. 

Niren De, the then Attorney General, began his arguments in the same fashion as the Government of those days was behaving―bullying the court.

I do not mean any disrespect, as now his voice is hushed, but he did create terror.  There was so much terror that none of the judges asked any questions on the first day. On the second day, around noon time, Khanna J. asked the first question.  

“Life is also mentioned in Article 21. Would Government arguments extend to life as well?” 

Without pause Niren De answered, “There is no halfway house. Even if life was taken away illegally, courts are helpless”.

It is mentioned in a way in paragraph 165 of the AIR reports.

He also said that imagine a scenario, if the after lunch, the bench is informed that Pakistani paratroopers have landed in Connaught Place and start moving towards PM’s house, should the courts intervene government’s action; should it wait for the court’s nod before shooting. Not an appropriate example but that was his style.  

But the question, its answer, and the example had its effect.

It is then that the others (Chandrachud J. and Bhagawati J.) started asking uncomfortable questions after lunch. We heaved a sigh of relief. 

By the time the advocates for the Union Government and State Governments finished their arguments, all effects of the first day had vanished. The mood of the court was cheerful and better.

In the next post we will talk about how SN Kackkar stood his ground.

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