Emergency to be held unconstitutional, petition filed

Background

A plea has been filed by a 94-year-old, Veera Sarin, woman seeking a declaration that the proclamation of the Emergency in 1975 was wholly unconstitutional.

Her husband had a business of gold artifacts in Delhi at that time but had to leave the country due to fear of being put in jail on the order of the government. Later, the petitioner’s husband died and had to face legal proceedings initiated against him during the Emergency.

Arguments

1. The Emergency was a fraud and the greatest assault on the Constitution as rights were suspended for months.

2. The petition alleged that till now her jewellery, artifacts, paintings, sculptures and other valuable movable assets have not been handed over to her family and for this, she is entitled to compensation from the concerned authorities.

3. A compensation of Rs 25 crore has been demanded from those who played an active role in this unconstitutional act.

Outcome

The Supreme Court served notice to the Central government and sought its response on the plea.

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