Lawstreet Journal

Breaking: Supreme Court to examine Constitutionality of Declaration of 1975 Emergency After 45 Years

Lawstreet Journal 15 Dec 2020 8:59pm

Image courtesy: Lawstreet Journal Judiciary Breaking: Supreme Court to examine Constitutionality of Declaration of 1975 Emergency After 45 Years

It has been more than 45 years after thousands of people were jailed across India under an Emergency imposed by the Indra Gandhi-Government on the grounds of ‘internal disturbance’. The Supreme Court on 14th December 2020 agreed to examine whether the said declaration of Emergency in 1975 was unconstitutional or not.

A three-judge bench of Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy issued a notice to the Center asking it to respond to the plea filed by Veena Sarin, a 94-year-old woman who urged to declare the proclamation of Emergency in 1975 as unconstitutional as well as sought compensation of Rs 25 crores, which the court refused to entertain.

Senior Advocate Harish Salve appeared for petitioner who said “He felt very strongly about the issue.”

During the hearing, the bench raised questions about hearing the issue after the passage of 45 years.

"This plea arises from the passage of time. It is Mr. Salve's submission that 'prayer A' survives and wrongs of history must be corrected. We asked Mr. Salve whether the petitioner is seeking other reliefs too. Salve informs wrongs on the petitioner is not the main issue. We would be disinclined to reopen such aspects. After 45 years it may not be appropriate to reopen those issues," the bench said.

While allowing the petitioner's lawyer to amend the plea the bench said that "We would, however, be not disinclined to see whether probing such a proclamation after such a long time would be feasible or not. We issue notice on prayer… Continue Reading...

Tagged: Supreme Court of India   Congress  
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