Q. Who was the dissenting judge in A.D.M Jabalpur vs Shukla?
Solution:
The Majority judgment held that a person cannot approach the court with the writ of habeas corpus or of any other writ remedy. Also, the court of law does not have the power to look into the validity of detention under Maintenance of Internal Security Act, 1971 as the statue does not give powers to the court the review the validity of the detention.
The case of A.D.M Jabalpur v. Shivakant Shukla is one of the landmark cases in the history of Indian legal system as it is one of those cases which paved the way for further developments in the legal system by exposing the existing loopholes. Fascinatingly, at the same time, the case is also a dark spot in the legal system and the judiciary. The reason for that is, in this case, the courts refused to address and recognize the plights of the citizens of India by completely neglecting the rights bestowed upon a person upon birth.
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