NIGHT DRAMA THAT SUCCEEDED

Kalyan Singh was the Chief Minister of Uttar Pradesh and Romesh Bhandari was the Governor. He,  illegally dismissed the Kalyan Singh Government on 21^st February, 1998.  A writ petition was filed the same night and he was reinstated. This is the only time that the a deposed head of a State was put back in saddle by the court. Here is the account of the same. 

Raj Bhavan Lucknow, where impugned order was passed - courtesy official website of the Raj Bhavan

The writ petition at the Allahabad High Court was filed in the name of Dr. NKS Gaur, an MLA from Allahabad North and Minister of Higher Education in UP, but for the sake of convenience, the case is referred as 'the Kalyan-Singh case'.  

During my tenure as a judge, it has been matter of speculation/ complaint how I became Additional Advocate General and why was this case entrusted to me. This is explained in Appendix-I to this article. In order to complete the picture, Romesh Bhandari's perspective is mentioned in Appendix-II.

A LAWYER'S DUTY

Yakub Menon - picture courtesy Wikipedia

Yesterday, on my way to the Supreme Court, my driver asked me a question, echoing the popular sentiment―should the lawyers do what they did to save the life of Yakub Menon, a terrorist. Here is my take on this. 

IT LIES IN THE HEART

(These articles were written before I was elevated as the High Court judge on 5th February 1999 and were also published. Since then they have been updated.)

The Emergency

।। Independent India's Darkest Period।। Supreme Court's Shame।। More Executive Minded Than The Executive।। My Diary: Logbook 109-111।।

Case Study

।। Night Drama That Succeeded।। The Rosenberg Saga।। But, Is It Fair।।

 

 Law & History

Women Rights, Personal Clause and the Allahabad High Court।। In the Matter of 'A Judge'।। 

Law & Science

।। Nature Is Asymmetrical।। In The Matter of Epimenides।।

Comments

।। A Lawyer's Duty।। Euthanasia And Conscience To Keep।।

Life sketches

।। Srinivasa Ramanujan - The Genius।। The Story of Darwin, Creationism, Evolution and Law Courts।। Isaac Asimov: King of Science Fiction ।। Rajju Bhaiya As I Knew Him।।

Draft Bills

।। The Uniform Marriage And Divorce Bill।। The Population Control Bill।।

IT MEANS WHAT I CHOOSE IT TO MEAN

This post is about: 

•  '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.

IT LIES IN THE HEART

(These articles were written before I was elevated as the High Court judge on 5th February 1999 and were also published. Since then they have been updated.)

The Emergency

।। Independent India's Darkest Period।। Supreme Court's Shame।। It Means What I Choose it to Mean।। My Diary: Logbook 109-111।।

Case Study

।। Night Drama That Succeeded।। The Rosenberg Saga।। But, Is It Fair।।

 

 Law & History

Women Rights, Personal Clause and the Allahabad High Court।। In the Matter of 'A Judge'।। 

Law & Science

।। Nature Is Asymmetrical।। In The Matter of Epimenides।।

Comments

।। A Lawyer's Duty।। Euthanasia And Conscience To Keep।।

Life sketches

।। Srinivasa Ramanujan - The Genius।। The Story of Darwin, Creationism, Evolution and Law Courts।। Isaac Asimov: King of Science Fiction ।। Rajju Bhaiya As I Knew Him।।

Draft Bills

।। The Uniform Marriage and Divorce Bill।। The Population Control Bill।।

INDEPENDENT INDIA'S DARKEST PERIOD

It is first post of the series 'It Lies In The Heart'.

Internal emergency was imposed 40 years ago. My father VKS Chaudhary was first detained under DIR then under MISA. He was released after emergency was lifted. Here are some lessons from that time.

My father, VKS Chaudhery, was detained during emergency. He was released after emergency. Here he is being brought after he was released from jail.

RAJJU BHAIYA AS I KNEW HIM

Father of the  author and Rajju Bhaiya - sharing an intimate moment

Professor Rajendra Singh (29.01.1922 – 14.07.2003), or Rajju Bhaiya as he was known, was fourth (from 1994 to 2000) Sar-Sangh Chalak (chief) of Rashtriya Swayam Sewak Sangh (RSS). He was with the Department of Physics, University of Allahabad. He was one of the finest  teachers to have walked in the corridors of the University. However, he left the University in mid 1960's and dedicated his life to social work.  

HITLER’S GHOST WILL HAUNT

Justice Kunwar Bahadur Asthana

Justice Kunwar Bahadur Asthana was the Chief Justice (1974-77) of the Allahabad High court during the emergency. It was because of him that the Allahabad High Court could withstand the onslaught of the emergency. He died on 23rd December 1998. This article was written at that time and is a tribute to him.

SAYONARA - CHATTISGARH HIGH COURT

Farewell speech of Chief Justice Yatindra Singh in the farewell reference on 8th October 2014 at Chhattisgarh High Court.
A pdf format of the same may be downloaded from here.