New Delhi, Dec 14 (UNI) The Supreme Court on Monday agreed to examine a plea, which had sought the constitutional validity of the 1975 Emergency imposed by the Congress government led by then Prime Minister Indira Gandhi.
A bench comprising Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy also issued a notice to the Centre in this regard on the plea filed by 94-year-old Vera Sarin, who wants the Emergency to be declared illegal.
The top court asserted that it will look into the limited aspect of the validity of such proclamation to be probed after the lapse of 45 years, asking the petitioner to amend her plea and resubmit it by Friday.
Initially reluctant to take up the matter, the bench said, "something happened in history 45 years ago. But to go into this issue now? We are finding it difficult to entertain this plea."
Senior Counsel Harish Salve, appearing on behalf of the petitioner submitted that her husband was in detention during those 19 months of Emergency period.
Arguing that fundamental rights were suspended during those time, Salve also sought a compensation of Rs 25 crores for the damages caused to the nonagenarian woman.
In the petition, it was stated that Ms Sarin's husband was a successful business man before emergency and he was "framed under" Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) and Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA).
Properties of Sarins were seized and the petitioner's husband "succumbed to the pressure and died", it added.
Observing that the persons involved are no longer alive, Justice Kaul stated, "something happened in 1975 which ought not to have happened."
UNI JW SHK1737