ADM Jabalpur v Shivakant Shukla

ADM Jabalpur v Shivakant Shukla, widely known as the Habeas Corpus case, was a 1976 decision of the Supreme Court of India holding, by a four to one majority, that during the national Emergency declared by Prime Minister Indira Gandhi in 1975, no person detained without trial could approach any court for a writ of habeas corpus, because the right to move courts to enforce the right to life and personal liberty was itself suspended for the duration of the Emergency. Justice H R Khanna alone dissented. The decision left tens of thousands of people detained during the Emergency with no judicial remedy against unlawful detention and is widely regarded as the low point of the Indian judiciary's history. It was formally overruled by a nine judge bench of the Supreme Court in Justice K S Puttaswamy v Union of India (2017), which held that the right to life and personal liberty cannot be suspended even during an Emergency.