Plea Seeking to Declare 1975 Emergency as 'Wholly Unconstitutional'- SC seeks response from the Centre

Team SoOLEGAL 15 Dec 2020 4:25pm

Plea Seeking to Declare 1975 Emergency as 'Wholly Unconstitutional'- SC seeks response from the Centre

Supreme Court of India has served a notice to the Centre on Monday, 14th December,2021 asking for a reply on a plea that has been filed by a 94 year old woman. The plea says that the emergency that was declared by the Government of India in the year 1975 was unconstitutional.

The bench consisting of Justice S.K. Kaul, Justice Dinesh Maheshwari and Justice Hrishikesh Roy examined the value of the plea that has been filed after 45 years of the incident taking place.

Senior Advocate Harish Salve, on behalf of the petitioner Veera Sarin mentioned in the petition that the emergency that was declared in 1975 was fraud and unconstitutional because the several constitutional rights were suspended for months.

The petitioner claimed Rs. 25 Crores as compensation from the people in the Government who were, then involved and played active roles in the unconstitutional act. The petitioner claims that she and her husband had become victims to the Government declared Emergency which was active from a few minutes before midnight on 25th June,1975 till the year 1977. The husband of the petitioner had a business of gold artifacts in Delhi and they had to leave the country due to the fear of putting in jail as an order was passed by the Government to the police.

The husband of the petitioner had to face a lot of legal proceedings until he died and the family has kept suffering since. An illegal proceeding had started against  other relatives which led them to turn their backs at the time of the incident.

The victim’s family had suffered for 35 years for their rights and property. The petitioner says that her jewellery, the artifacts, paintings, sculptures and other valuable movable assets that were confiscated, have still not been handed over to her or her family by the Government. Hence she is entitled to the compensation from the Government.

 In the year 2014, the Delhi High Court had passed a judgment on this case mentioning that the actions that were taken against the petitioner’s husband stands beyond any jurisdiction.

Tagged: Supreme Court   Justice S.K. Kaul   Justice Dinesh Maheshwari   Justice Hrishikesh Roy   Senior Advocate Harish Salve   Delhi High Court   SC  
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