Between Rule and Prerogative: Petitions by Terror-Accused Individuals and the Imaginings of Indian Law

Abstract This article argues that contemporary Indian law is animated by two intertwined imaginings of law: as a rational, rule-bound process and as a power that makes decisions as a normless act of prerogative. Through ethnographic fieldwork in Delhi’s terrorism courts, the paper examines petitions written by individuals accused under anti-terror laws, revealing how these texts invoke the dual legal imaginaries. Petitions—ranging from formal legal documents to handwritten pleas—are analysed through the idea of epistolarity, to pay attention to both the form and content of these petitions. The article argues that these letters are affective and rhetorical performances that simultaneously invoke imaginings of the law as both rule and prerogative. In doing so, the subjectivity of the petitioners oscillates between rights-bearing citizens and humble supplicants praying for the law’s intervention.

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Publication Details

Journal
Asian Journal of Law and Society
Published
2025-10-13
DOI
https://doi.org/10.1017/als.2025.10025
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

Between Rule and Prerogative: Petitions by Terror-Accused Individuals and the Imaginings of Indian Law

Mayur Suresh
Asian Journal of Law and Society
International Law and Human Rights
article

Between Rule and Prerogative: Petitions by Terror-Accused Individuals and the Imaginings of Indian Law

Mayur Suresh
article en

Abstract

Abstract This article argues that contemporary Indian law is animated by two intertwined imaginings of law: as a rational, rule-bound process and as a power that makes decisions as a normless act of prerogative. Through ethnographic fieldwork in Delhi’s terrorism courts, the paper examines petitions written by individuals accused under anti-terror laws, revealing how these texts invoke the dual legal imaginaries. Petitions—ranging from formal legal documents to handwritten pleas—are analysed through the idea of epistolarity, to pay attention to both the form and content of these petitions. The article argues that these letters are affective and rhetorical performances that simultaneously invoke imaginings of the law as both rule and prerogative. In doing so, the subjectivity of the petitioners oscillates between rights-bearing citizens and humble supplicants praying for the law’s intervention.

Asian Journal of Law and SocietyVol. 12(4)
University of London (GB), SOAS University of London (GB), Universidad de Londres (MX)
Openalex Percentile: Top 66%
International Law and Human Rights
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