Justice Bhagwati on the Supreme Court's darkest hour

"The instances of the Apex court's judgment violating the human rights of the citizens may be extremely rare, but it cannot be said that such a situation can never happen." A Supreme Court bench comprising Justices Aftab Alam and A. K. Ganguly recently lamented thus, referring to the majority judgment in the infamous A.D.M. Jabalpur v. Shivkant Shukla case, popularly known as The Habeas Corpus case. Former Chief Justice of India, Hon'ble Mr. Prafullachandra Natwarlal Bhagwati, who was part of that tainted majority, concurs with Justice Alam and Justice Ganguly, only much later in time and context.
The discussion began with the role of political ideology in the bench; judges come from different backgrounds, for example, Justice Krishna Iyer had a clear background with the communist government. Recently, the Supreme Court has been very critical of the developmental attitude of the Central government. Justice Bhagwati was emphatic on the point: "The question of interpretation is the most important -- how the court reads and interprets facts and relates it to the law requires a lot of skill, insight and vision. So your political ideology is bound to colour your judgment, you cannot avoid it. But it should not blind you to the words used by the Legislature."
Asked to discuss the Supreme Court's attitude during the Emergency -- what some advocates refer to as the "dark days" -- Justice Bhagwati held some regrets. "The Supreme Court's attitude was far from satisfactory; it should have been more bold. It should have tried to uphold the rights of the people, but the Supreme Court failed; there is no doubt about it."
Speaking about the ADM Jabalpur case specifically, Justice Bhagwati said that if not a disgrace, the case was something for which the Supreme Court should be ashamed. He did not absolve himself: "I was there -- I plead guilty. I don't know why I yielded to my colleagues. In the beginning, I was not in favour of the view that the majority took. But ultimately, I don't know why, I was persuaded to agree with them. I still feel that the whole judgment was against my conscience. I have always been for freedom, freedom of speech and freedom of expression; I have always believed and always stood by these principles. It was an act of weakness on my part."
Justice Bhagwati re-iterated that the Supreme Court's willingness to expand the scope of Part III and Part IV of the Constitution came about because of its guilt for passing the ADM Jabalpur judgment. "I realised that I had made a big error and so I started developing Articles 14, 19, 21, 32, as no one else has done. I practically re-wrote these articles."
He also recalled that Maneka Gandhi was a wonderful case; though he didn't remember who argued the facts, but it gave him an opportunity to mould the law and develop it. "She had been deprived of her rights, and I upheld them. After the judgment was over, I met Manekaji at some function and I couldn't help but remark, "I have made you immortal." Everyone cites that judgment now. "

[@abhishekbose8107]

Justice Khanna would always be immortal in the history of our Constitutional law and in our hearts. His dissenting judgment in ADM Jabalpur and also his consenting judgment in the Kesavananda Bharati case ,. For the basic structure theory would always be one of the finest judgment !

[@ashwanimalhotra8765]

Persuaded? You were not a ten year old kid Justice. You simply lacked what Khanna had.

[@prithvirajjs6397]

Ashwani Malhotra whatever was the case, the man regretted his decision during ADM Jabalpur case and most of his decisions after that was pro people. He practically gave a new meaning to Article 14 and 21, which we wouldn’t have got if not for him.

[@rogerabbott8611]

@@prithvirajjs6397 Agree, his PIL legacy lives on. But still, he should not have dissented in Minerva Mills 1980

[@jittojoseph9248]

The list is too long for him, justice khanna did what was right and had his chance of becoming cji ruined. It's the same thing happening now again.

[@shashanksinha8330]

At least, he apologised for that blot of a judgement.

[@backtovillage4913]

Salute to the honourable judge. Confession worth priceless.

[@Harekrishnaaa_345]

" I Favoured the Judgement but that Judgement was against my conscience " 😂😂😂 ...idk what this is called...Stupidity, manipulation or something else?

[@shalinitiwari9631]

In Maneka Gandhi case, the learned judge enlarged the embryo of Article 14 in very glowing terms. #respect

[@shalinitiwari9631]

Integrity & Courage are two preconditions of confession. 👏🏻👏🏻 #learning_of_the_day

[@rajatkantagnihotari9880]

Just want to listen listen and listen those strong pillars of our judicial system.

[@rhaegar2138]

Bhagwati aka ADM Jabalpur: citizens don't have rights in emergencies. Awwwww.

[@shyam6845]

4:20 - 5:20 maneka gandhi

[@jigneshjoshi9856]

Justice Bhagwati talking about ADM Jabalpur Vs Shivkant Shukla or popularly known as Habeas Corpus case

[@PrateekSharma016]

Is this also called minerva mills case?

[@avishekbhattacharjee812]

@@PrateekSharma016 no, that is a different case

[@jyothijonnala6496]

Most of the articles purported to be developing the law were infact reducing the original Law in effect. The @SCofIndia mostly sits in to reduce the law in exhibitions of its jurisprudence.

[@ashwanimalhotra8765]

And sorry to say rewriting the article is not what judges are supposed to do.

[@prithvirajjs6397]

Ashwani Malhotra it’s not literal rewriting, he means he gave a totally different and new meaning to the articles than what was held earlier.

[@hiheloByby6902]

Ashwani you are not from legal ground ,, are you ????

[@hiheloByby6902]

Its the pan ,paper and mind of judges , for whom you live in legal safe society now, Well there is a lot of things , the power of judges to mould the Law of land.. ,a single nod of judge is suffice to decide validity of laws ?? Its because of great works of Judges and Jurists ,that have Brought this constitution

[@shyam6845]

2:00 - 3:00 adm jabalpur

[@hunny1400]

You persuaded yourself sir. These apologies won't wash away the Sin.

[@geetanjalidas2673]

🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏

[@indiaconstitutionreview6887]

अब दलालों के चक्कर क्या बहुत देश सेवा हुआ

[@vikasgupta-ud5fi]

देख कर लग रहा रो रहे है क्या लेकिन नही ये रो नही हस रहे है

[@examvision1153]

💕💕

[@shadabfatima8703]

❤❤❤