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Son overrules father’s 42 years old judgment in ADM Jabalpur vs Srikant case

Team SoOLEGAL 24 Aug 2017 4:26pm

Son overrules father’s 42 years old judgment in ADM Jabalpur vs Srikant case

Supreme Court today, sanctified Right to Privacy as the Fundamental Right under Article 21 of the Constitution. A nine judge bench headed by CJI Khehar, withdrew the judgments in M P Sharma and Kharak Singh case.

It is a surprising moment in history, In a Judgment passed by Justice DY Chandrachud, he overruled the 1976 verdict passed by his father Justice Y.V. Chandrachud in ADM Jabalpur vs Shrikant Shukla case related to the 1975-77 emergency. During the emergency, the Right to any person to move any court for any enforcement of the right conferred by Article 14, 21, and 22 or any court proceedings remained suspended under Prevention detention Law until the emergency is lifted. 

It is also very strange to see a father son duo get elevated to the Supreme Court Bar Association.

Case history:

The popular case of Additional District Magistrate Jabalpur vs Shrikant Shukla in which the President ordered emergency in 1976 is considered the violation of the Fundamental Rights of the citizen. The judgment suspended that Right of every person to move to any court for the enforcement of the Right to personal liberty under Article 21. 

In a five Judge bench comprising Y.V. Chandrachud, ADM Jabalpur won the case with a majority of 4:1 wherein ADM was held under the charges of violation of fundamental rights of citizens in the 1975-77 emergency. Four out of five judges ruled in favor of the ADM, the lone descending voice of was that of Justice H.R. Khanna of whom the New York Times remarked; “Surely a statue would be erected to him in an Indian city”.

Justice Khanna paid for his bravery. He was next in the line to become the Chief Justice of India, instead, he resigned and his Junior M.H. Beg superseded him during the Indira Government. During the emergency, anyone who politically raises his voice against Government or considered to be a political threat was detained without Trial under Prevention Detention Law. The opposition remained silence and common people terrorized. 

Chandrachud claimed many flaws and contradictions in the judgment.

Striking a discordant note in the Right to Privacy verdict passed today, Justice D.Y. Chandrachud expressed that the verdict passed by four Judges, Chief Justice of India A.N. Roy along with Justices M.H. Beg, Justice Y.V. Chandrachud and Justice P N Bhagwati, in 1976 wherein the Supreme Court slammed shut their doors and windows, constituted serious flaws and should be re-evaluated.

Justice Chandrachud wrote in his Judgment that the “Decision in ADM Jabalpur must be and accordingly overruled". We also overrule the decision in Union of India and Bhanudas Krishna Gadwe, which followed ADM Jabalpur.



Tagged: Right to Privacy   Supreme Court   Justice DY Chandrachud  
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