Apar GuptaOver 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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When privacy was made supreme
The month of August marks a momentous event in the story of our nationhood as we celebrate our independence from colonial rule. The very basis was a constitutional choice, which civil rights lawyer K G Kannabiran put it as the “termination of imposed suzerainty”. Two years ago, this sentiment seemed to be achieved with the historic decision of the Supreme Court in the Puttaswamy Privacy case, in which nine judges unanimously affirmed the fundamental right to privacy. This newspaper reported the apex court’s decision on the front page with the electric headline — Privacy Supreme.