“A dissent in a court of last resort is an appeal to the brooding spirit of the law, to the…
Justice H.R. Khanna quoted Chief Justice Hughes at the end of his dissent in ADM Jabalpur v. Shivkant Shukla (1976), where the majority held that detenus could not move the…
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“A dissent in a court of last resort is an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possibly correct the error into which the dissenting judge believes the court to have been betrayed.” This statement by Chief Justice Charles Evans Hughes was subsequently cited in a famous Indian dissent by:
Answer and explanation
Correct answer D
Justice H.R. Khanna quoted Chief Justice Hughes at the end of his dissent in ADM Jabalpur v. Shivkant Shukla (1976), where the majority held that detenus could not move the courts for habeas corpus during the Emergency. Justice A.N. Ray was in the majority, and Justice Fazl Ali and Justice Chagla are not linked with this dissent. The majority view was later overruled in K.S. Puttaswamy v. Union of India (2017).
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