Adv Sherry Samuel Oommen
This article is authored by Adv Sherry Samuel Oommen. Adv Oommen, who specializes in constitution, tax and corporate laws has also cleared the final exams of the Institute of Chartered Accountants of India, the Institute of Cost Accountants of India and the Institute of Company Secretaries of India. He has also completed his Masters Degree in Commerce, apart from obtaining a Post Graduate Diploma in Business and Corporate Laws from Symbiosis Pune. The views expressly are personal and should not be construed as a legal opinion.sherryoommen@nashcp.com.
The issue concerning a person’s life and liberty has been a topic of public debate. It would not be a highfalutin statement to state that the dissenting views of Justice Khanna is possibly the only saving grace in the judgment of the Hon’ble Supreme Court in the case of ADM Jabalpur Vs Shivakant Shukla (1976) 2 SCC 521. Scholars argue that this was a judgment which clearly displayed the highest “hallmark” of judicial deference to the Executive, an aspect that would endanger any democracy.
The issue before the Hon’ble Supreme Court was whether during Emergency, fundamental rights available to a citizen when Emergency is proclaimed and in such a situation would a writ of habeas corpus lie. The Hon’ble Supreme Court held by a 4:1 majority that during Emergency, fundamental rights were not available to the citizens and thus no petition could be filed before the High Court seeking a writ of habeas corpus. History would endorse the fact that the dissenting views of Justice Khanna in the said judgment regarding a citizens’ inalienable right to life would make even an angel look dishevelled and dirty.
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