SC issues notice to Centre on plea to declare the 1975 emergency as unconstitutional

The Supreme Court on Monday sought to know Union government's stand on a plea to declare 1975 imposition of emergency in the country as unconstitutional.

A bench presided over by Justice Sanjay Kishan Kaul, however, said the court was disinclined to consider the contention that the wrongs of history must be set right.

"We would be disinclined to open all such aspects as there may have been wrongs done to persons but with the passage of almost 45 years, it would not be appropriate to re-open those issues," the bench said.

The court said it would decide if simpliciter declaration can be made that the proclamation of emergency was unconstitutional.

Senior advocate Harish Salve, appearing for 94-year-old Veera Sarin, contended it was important to look into the matter as it involved issues of far-reaching importance and there was an abuse of power for 19 months.

"We are finding it difficult to go into this. The emergency was an abuse and something happened which ought not to have happened," the bench said initially.

Salve, for his part, said war-crime issues are considered and 90-year olds are hauled up even today. At nascent stage of our democracy, rights were suspended for 19 months.

"If history is not corrected, it repeats itself," he said.

The bench expressed its doubts, saying, "We can't keep digging on these issues, persona's are gone today. What will this take us to?"

Salve insisted, "This is a matter of constitutional debate and principles must be laid down on fraud upon the Constitution, that no matter how high you are, you will be held accountable."

"I feel very strongly on this issue. We were students at the time of proclamation of emergency in 1975. This is too important a matter. Our generation is still around," he said.

The court then issued issued notice to the Centre and asked the petitioner to restructure her petition by December 18.

The petitioner claimed she was aggrieved by the trauma and harassment faced by herself and her family including her deceased husband during the period of emergency, declared on June 25, 1975.

The petitioner submitted that she and her husband were compelled to leave the country for fear of being thrown into the jail on the whims and wishes of the government authority.

The woman, who now lives with her daughter in Dehradun, alleged her husband’s gold art business in Karol Bagh and Connaught Place, here was ceased by then authorities, besides the family was threatened and their properties and valuables were forcefully taken away.