Emergency declared in India during 1975 by then Congress Government led by India’s first women Prime Minister
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Emergency is something which should not have happened, the Supreme Court on Monday said as it agreed to hear a plea of a 94-year-old woman seeking to declare as wholly unconstitutional the proclamation made in 1975 during the tenure of the then Indira Gandhi led Congress government.
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The top court, which issued notice to the Centre, said that it would also examine whether it is feasible or desirable to make a simpliciter declaration of the proclamation after a lapse of 45 years.
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Emergency is something which should not have happened, a bench headed by Justice Sanjay Kishan Kaul observed while pondering over what relief it can grant after passage of such a long time.
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The bench observed that Emergency was an abuse and something happened, which should not have had happened.
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Salve said people were under detention for months. “If history  is not corrected, then it repeats itself”, he added.
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Harish Salve a RSS propaganda lawyer who represented notorious Arnab Goswami who been held  for abetment of murder charges  for his bail submitted that today even war-crime issues are considered and 90 year olds are hauled up for crimes. “In nascent stage of our democracy, rights were suspended for 19 months,” said Salve.
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Pondering over this Justice Kaul replied what will this take us to?
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The plea said that the petitioner is aggrieved by the trauma and harassment faced by herself and her family including her deceased husband during the period beginning June 1975 upon the declaration of emergency.
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Citing the order passed  by the then President of India under Article 358 and 359 of the Constitution, the plea argued that the freedoms guaranteed under Article 19 of the Constitution and the rights of citizens to move any court for enforcement of their fundamental rights remained  suspended till the withdrawal of Emergency.
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The petitioner submitted that her husband and she were compelled to leave the country for fear of being thrown into jail on the whims and wishes of the government authority.
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“Declare that the proclamation of emergency vide notification dated June 25, 1975, was wholly unconstitutional and actions pursuant to the same are illegal and unjustifiable.
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The petitioner may kindly be compensated to the tune  of Rs 25 crores to be recovered from the concerned authorities as having participated in the unconstitutional acts,” said the plea.
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The bench also comprising Justices Dinesh Maheshwari and Hrishikesh Roy said that the court would be disinclined to open all such aspects as there may be some wrongs done to persons, but with the passage of almost 45 years, it would not be appropriate to reopen all such issues.