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The 1975 ADM Jabalpur Case

The 1975 ADM Jabalpur Case was a controversial decision by the Indian Supreme Court during a period of national emergency. The Court ruled that under emergency provisions, individuals had no right to seek assistance from courts to challenge detentions by the state. This overturned previous high court rulings that had allowed writs of habeas corpus during emergencies. The case arose following Indira Gandhi's declaration of a national emergency after she was found guilty of election malpractices by the Allahabad high court.

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Venugopal Mantraratnam
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106 views

The 1975 ADM Jabalpur Case

The 1975 ADM Jabalpur Case was a controversial decision by the Indian Supreme Court during a period of national emergency. The Court ruled that under emergency provisions, individuals had no right to seek assistance from courts to challenge detentions by the state. This overturned previous high court rulings that had allowed writs of habeas corpus during emergencies. The case arose following Indira Gandhi's declaration of a national emergency after she was found guilty of election malpractices by the Allahabad high court.

Uploaded by

Venugopal Mantraratnam
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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The 1975 ADM Jabalpur Case, also known as the habeas corpus case, is debatably most controversial

decision of Supreme Court, where a constitutional bench unabashedly declared that under emergency
provisions no one could seek the assistance of any court in India to try and save his liberty, life or limb
threatened to be taken away by the State.

It all started with the the state of UP vs Raj Narain verdict of Allahabad high court, where the court
held Indira Gandhi guilty of election malpractices and invalidated her election and further barred her
for 6 years from contesting elections.

While the High court judgment was appealed to SC, Indira Gandhi, faced by an unprecedented protest
from an opposition united under J P Naryanan, invoked article 352 declaring National emergency on
the grounds of threat from Internal disturbance.

Censorship muzzled the Press, the opposition was silenced and the common man terrorized. The
government made extensive use of preventive detention, arresting people not because they have
committed any offence, but on the apprehension that they may commit one.

Many cases were filed in the courts against it and 9 High Courts gave judgments that even during
emergency the courts could entertain a writ of habeas corpus filed by a person challenging his/her
detention

The Government (read Indira Gandhi) decided to appeal against these decisions to the Supreme Court.
It was thus that the Constitutional bench of five Judges came to be constituted to hear case, dubbed as
A.D.M. Jabalpur vs. Shukla.

Supreme Court applied doctrine of procedure established by law in letter but not in spirit and
overturned the judgement by high courts, declaring that article 32 the right to approach to court to
defend fundamental rights- remains suspended under emergency.

The judgement thus closed the doors of judiciary for citizen during emergency.

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