Habeus Corpus Case

ADM Jabalpur v. Shiv Kant Shukla case is also famously known as the Habeas Corpus Case.

Habeus Corpus
Habeas Corpus writ is issued to produce a person who has been detained, whether in prison or in private custody, before a court and to release him if such detention is found illegal.

 Background

• On 12 June 1975, Allahabad High Court found the then Prime minister Indira Gandhi guilty on the charge of misuse of government machinery for her election campaign for the 1971 parliamentary elections.The court declared her election null and void and she lost her seat in the Lok Sabha.
• The court also banned her from contesting any election for an additional six years.
• Jayaprakash Narayan organised a large rally in Delhi 25th June 1975.
• Emergency was declared by the President Fakhruddin Ali Ahmad under Article 352 on the grounds of Internal Disturbance.
• An order was also issued by the President under Article 359 (1) that Fundamental Rights, including the rights under Article 14, 21 and 22 would be not be enforceable , i.e. no one would be able to approach the Supreme Court or High Court to enforce their rights.
• Many people were detained under the controversial Maintenance of Internal Security Act (MISA) of 1971.
• The matter went to the Supreme Court in the form of ADM Jabalpur vs. Shivkant Shukla, where the government challenged the relief given to various detaiinees by various High Courts.
• The Supreme Court held that the Constitution is above individual security and liberty. 4 out 5 judges verdict in favour of the central government

The judgement of the Habeas Corpus case has been widely criticised for favouring the government instead of standing up for individual liberty.