ADM Jabalpur VS shivkant Shukla, 1976 (Habeas Corpus Case)

Fact Of The Case

In this case, During National Emergency (1975-77) many People were arrested Under MISA, 1971 (Maintenance of internal security act) and government did not disclose the grounds of arrest. So various writ petition of Habeas corpus were field in Various High Courts U/S article 226. So, to bring uniformity and to bring Situation Under Control, a five judge constitutional bench of supreme court were set up to hear the matter.

Contention of arrested persons

They challenged the detention orders during national Emergency on the ground that it Violates the principle of Rule of law and their Fundamental rights.

Government contention

Government contended that during National Emergency Article 21 is suspended by Article 359 of Indian constitution, so detained person can not approach to the court against violation of their fundamental rights during National Emergency.

Supreme Court Observation And Decision

Supreme Court held that , The Constitution is the Rule Of Law . There can not be any Rule Of Law other than Constitution.

Court further added, Article 21 is a Rule of law regarding life and liberty. Article 21 ensure protection of life and personal liberty and it can Only taken away by procedure established by law . So MISA , 1971 is the procedure established by law under which they have been detained/arrested. So,their detention is constitutional.

This judgement was criticised and later on apex court admitted that it was a huge mistake

Post decision Action.

In 1978, by Janta Party Government , Article 359 Were amended through 44th constitutional amendment act ,1978 , It was inserted that during National Emergency ARTICLE 20 & 21 Will not be Suspended.