The silence around the state’s seizure of India’s press

Over 50 years ago, the Supreme Court of India ruled that during an Emergency proclamation, individuals could not challenge illegal detentions. While the ADM Jabalpur case is infamous for its disturbing decision, Justice H.R. Khanna’s courageous dissent is what stands apart. Later, the Court in the Justice K.S. Puttaswamy case recognised both the right to privacy and expressly repudiated ADM Jabalpur as a “discordant note”. Yet, even six years after Puttaswamy, enforcement worries intensify. Recent actions against journalists from the online portal NewsClick, such as raids, seizures, and arrests, amplify the calls for protections of digital data. To speak in a plain manner, many question whether they are living through an Emergency with ADM Jabalpur being dead only in letter but flourishing in spirit.

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