CRITICAL READING OF NILABATI BEHERA V. STATE OF ORISSA | INSPIRED BY ‘APOCRYPHAL JURISPRUDENCE’ BY DESMOND MANDERSON
Jindal Global Law School, Sonepat (Haryana) India
Apocrypha, as put by Desmond Manderson is not a school of study that requires any intellectual coherence or political agenda. This is one of the main reasons I chose to write on this area, and will be using the post-modern, or if I shall say, the apocryphal approach to do a critical reading of a case to see how the approach to law is motivated by certain concerns. This case is a primarily landmark judgments regarding the issue of custodial violence, and will be used as a pawn to see how the mighty court approaches the law, especially when it is directed to certain subjects. I will be using the first person narrative since a lot of these are my opinions, and secondly because I as an individual am not unique, and as a legal subject, am still a construct, with the closeness to law remaining a distant dream, and with the law presenting me with glaring reminders at every stage that it is much mightier and much more powerful than I am. The apocryphal needs a shared temperament and an imagination, both of which I believe I possess, and using these, I will undertake a reading of the case, Nilabati Behara v. State of Orissa, using the text Apocryphal Jurisprudence by Desmond Manderson as inspiration.