Between Rule and Prerogative: Petitions by terror-accused individuals and the imaginings of Indian law

Suresh, Mayur

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.

Citation

Suresh, M. (in press). Between Rule and Prerogative: Petitions by terror-accused individuals and the imaginings of Indian law. Asian Journal of Law and Society,

• Journal Article Type: Article
• Acceptance Date: Jul 17, 2025
• Deposit Date: Jul 17, 2025
• Print ISSN: 2052-9015
• Electronic ISSN: 2052-9023
• Publisher: Cambridge University Press
• Peer Reviewed: Peer Reviewed