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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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The Vasudevan Case 1

The Vasudevan Case 1

Chapter:
(p.231) 32 The Vasudevan Case1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0098

The article examines the imprisonment of Mr J Vasudevan following a Supreme Court order on 25 August 1995 that held him in contempt of Court. This was the first-time a civil servant of rank was punished for contempt. The Court even rejected his mercy petition. The sentence caused disquiet and was widely criticized. On closer examination, the order suffers from several flaws. It did not set out the factors fully. There is simply no discussion of the law; nor is there any concern with the fundamental rights involved. The decision was based on factual errors and fallacious reasoning.

Keywords:   imprisonment, J Vasudevan, Supreme Court, contempt of Court, civil servant, fundamental rights

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