Professional Documents
Culture Documents
1979 Kapila Hingorani - against UTP under trial Prisoner - illegal detention for time more than
max possible sentence. - 35K people were freed - Right to Speedy Trial (FR) - A21
Golaknath Case vs State of Punjab 1967. Reversed Sajjan Singh and Shankari parajad case - 11
judges 6:5 split decision.
A21: no person shall be deprived of his life and personal liberty without following unless by
PEBL - 25 June 1975 to 21 March 1977: Emergency- People arrested without PEBL - HC writ
Habeas Corpus -ADM Jabalpur vs Sivkan shukla (1975) - SC - fundamental rights suspended-
protection suspended - 44 CAA (1978)- A20 & 21 made illalineable except by PEBL.
Theory of Punishment: Reformative and retributive - Capital punishment - 354(3) hanged till
death- Bacchan Singh VS State of Punjab (1980)- Rarest of rare
A22- Protection against arbitrary arrest, exception Preventive Detection Act-1950 - AK Gopalan
VS state of Madras (1950) Habeas Corpus (writ petition A32) - narrow view - "Due process of
Law" was not considered on PEBL.