The ghost of ADM Jabalpur

 CONTEXT:

“By far the most numerous and most flagrant violations of personal liberty and individual rights are performed by governments.”   ~  John Hospers (American philosopher and political activist)

1. Anyone who is not in sync with the present government or its policies is branded anti-national, urban Naxal or a member of the tukde-tukde gang. Agencies such as the income tax department, CBI, ED, and NIA are let loose against such persons.
2. By and large, the mainstream media — the fourth pillar of democracy — is dancing to the tune of the government. Some who are not falling in line find themselves in jails under trumped-up charges of sedition or the Unlawful Activities (Prevention) Act.
3. The farmers who have been peacefully protesting at Delhi’s borders for over two months in the bitter cold of December- January are being called anti-nationals, or Khalistanis. 

 

HISTORY INSTANCES:

1. In 1975, Indira Gandhi imposed internal emergency, suspended fundamental rights, and on a massive scale imprisoned political leaders and others opposed to her, under the draconian Maintenance of Internal Security Act.
2. The only option for those in custody was to knock on the door of the courts. Hence, a number of habeas corpus petitions courts were filed in various high courts, and many of them were allowed.
3. Aggrieved by such orders, the state came in appeal to the Supreme Court. The SC, by a majority of 4:1, overturned the decisions holding that when Emergency is in operation, the right to life and personal liberty under Article 21 of the Constitution would stand suspended.
4. The judgment infamously came to be known as the ADM Jabalpur case. It was a dark chapter not only in the history of our nation, but also the judiciary.

 

FUNDAMENTAL RIGHTS:

1. In the Indian constitution promulgated on January 26, 1950, there are a set of fundamental rights of the people, modelled on the Bill of Rights in the US constitution. The judiciary was made the protector and guardian of these rights, otherwise they would remain only on paper.
2. These fundamental rights incorporated the theory of the English political philosopher John Locke in his second treatise on civil government (1690) that every citizen had certain ‘natural’ rights, which even the king could not violate.

 

ROLE OF JUDICIARY:

1. The Supreme Court and high courts were set up to act inter alia as guardians of the constitution and protectors of the fundamental rights of the people, and their judges take a solemn oath to uphold the constitution, which would include Part 3.
2. Judiciary is the last bastion of hope for beleaguered citizens. Unfortunately, the courts instead of standing for protecting the liberty of the people are leaning in favour of the state.
3. Supreme Court has largely abdicated its solemn duty of upholding the constitution in its true spirit and protecting the liberties of the people.
4. Supreme Court is no longer doing its constitutional duty of protecting citizens against political and executive high handedness, arbitrariness and illegalities. Instead, it seems to have largely surrendered before the  government, whose bidding it is often doing.

FEW WORDINGS OF COURT:  “Criticism of government exciting disaffection or bad feelings towards it, is not to be regarded as a justifying ground for restricting the freedom of expression, or of the press.” “A very important aspect of democracy is that citizens should have no fear of the government. They should not be scared of expressing views which may not be liked by those in power.” “Criticism of policies of the government is not sedition unless there is a call for public disorder or incitement to violence.”

 

ISSUES:

1. Nowadays politicians in power are often very touchy, with huge egos, and unwilling to put up with any criticism from anyone. 
2. Journalists who criticise the govt or a Minister are often slapped with sedition charges or detained under draconian laws like NSA or UAPA.
3. A large number of similar instances can be given of illegal and unwarranted arrests and detentions at the instance of vindictive politicians. 

 

CONCLUSION:

1. It seems the ghost of ADM Jabalpur is still alive and kicking despite having been overruled, and despite the Supreme Court having in one case observed that it should be buried ten fathoms deep.
2. It is time now for courts to resume their solemn duty of protecting the liberties of the people, and start imposing heavy fines on politicians at whose instance illegal arrests and detention orders are passed, as well as policemen carrying out such illegal orders of political authorities.