Practicing Success
What decision did the constitution bench of the Supreme Court make in April 1976 regarding habeas corpus petitions during the Emergency? |
It upheld the High Courts' rulings It ruled that the government had no authority It accepted the government's plea It deferred the decision to a later date |
It accepted the government's plea |
Answer: It accepted the government's plea. The government made extensive use of preventive detention. Under this provision, people are arrested and detained not because they have committed any offence, but on the apprehension that they may commit an offence. Using preventive detention acts, the government made large scale arrests during the Emergency. Arrested political workers could not challenge their arrest through habeas corpus petitions. Many cases were filed in the High Courts and the Supreme Court by and on behalf of arrested persons, but the government claimed that it was not even necessary to inform the arrested persons of the reasons and grounds of their arrest. Several High Courts gave judgments that even after the declaration of Emergency the courts could entertain a writ of habeas corpus filed by a person challenging his/her detention. In April 1976, the constitution bench of the Supreme Court over-ruled the High Courts and accepted the government’s plea. It meant that during Emergency the government could take away the citizen’s right to life and liberty. This judgment closed the doors of judiciary for the citizens and is regarded as one of the most controversial judgments of the Supreme Court. |